can my employer deny me overtime pay because of false accusastions

UPDATED: Oct 1, 2022

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can my employer deny me overtime pay because of false accusastions

my employer has just denied to pay my overtime because she accused me
of editing my clock in and out times. I was unaware that even though i
am salaried payed that i still get overtime so over the 8 years i have
been with the company i never received overtime pay. I had a talk with
my employer today and she just kept redirecting everytime i asked for
my overtime pay so do i have a case or what is the next step or what i
should do because i cant afford to lose this job

Asked on August 24, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are not exempt even though you are salaried, then she had to pay you overtime; if she will not, your recourse would be to sue for the money (that's the only way to get it). To win, you'd have to show in court that you worked the hours (e.g. by time cards or logs); your employer will have a chance to try to dispute or disprove that you did not do that work. Note that you can only recover the past two years of unpaid overtime if you win; the law does not let you reach back further into the past than that.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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