What to do if my employer has been shorting me onovertime pay?

UPDATED: Aug 11, 2011

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What to do if my employer has been shorting me onovertime pay?

Recently I discovered that I wasn’t getting my full time and a half OT rate. I’m get shorted $.24 for a year now (instead of $15overtime I’m getting $14.76). I added it up and it came up to $25. A small amount but is this a violation of FSLA?

Asked on August 11, 2011 South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, it is technically a violation of the FLSA (Fair Labor Standards Act), since an employee working overtime should get his/her rate x 1.5, not his or her rate x 1.476. Practically, there may be little or nothing you can do:

1) The Labor Dept. is very unlikely to take an interest in a case where only $25 is at stake, unless there are many employees so affected (e.g. 50 or 75 or more employees each shorted $25 or more, at a minimum).

2) Similarly, it's hard to imagine getting an employment attorney interested in this case, even given that under certain circumstances, there could be an award of attorney's fees.

You may be best served by simply discussing the matter with payroll or HR, to see why are getting slightly less than the amount you should, and whether it could be corrected (at least going forward).

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