Can my boss have me work past 8 hours in1 day and then put the extra time on another day just so she doesn’t have to pay overtime?

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Can my boss have me work past 8 hours in1 day and then put the extra time on another day just so she doesn’t have to pay overtime?

Company policy lists time and a half after 8 hours.

Asked on May 9, 2011 under Employment Labor Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

She cannot place the extra time on another day so she doesn't have to pay overtime. That is not only against most labor laws but it is also fraudulent. So, what you need to do is to go through the process of speaking with your state's department of labor and the Equal Employment Opportunity Commission and the U.S. Department of Labor for good measure. One of these entities should be able to help rectify this situation and your boss cannot fire you for retaliation for reporting this matter. In the end of the day, if your boss is doing this to you, then she is probably doing it to others and she may actually wind up being audited by the agencies I mentioned and then of course, the IRS because she will inevitably have to pay you and those others for this monkey business. If your state requires that after so many hours worked in a workweek you are entitled to overtime, then you are entitled to overtime and may be also entitled to interest on top of that.


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