Can my employer refuse to pay overtime?

UPDATED: Dec 9, 2018

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Can my employer refuse to pay overtime?

I only get paid a flat rate for my hours at my regular rate of pay. So I get paid 11 an hour whether I work 40 or 45 or 50 hours a week.

Asked on December 9, 2018 under Employment Labor Law, South Dakota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under the law, if you are required to work past 40 hours in a work week, then you must be paid OT if you are a "non-exempt" worker (that is typically someone who is paid hourly). At this point, you should file a wage claim with your state's department of labor or you (and your co-workers if applicable) should consult directly with an employment law attorney in your area, such a consultation may be for free. The fact is that you are owed OT and your employer can face severe penalties for not providing it to you.

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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