Is it illegal for an employer not to pay overtime

UPDATED: Sep 30, 2022

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Is it illegal for an employer not to pay overtime

I work for a privately owned Verizon
wireless store. We recently started
recieving overtime pay. However I don’t
understand why i didn’t recieve
overtime pay from the beginning of my
time working here. Am I owed wages from
working overtime prior to when they
just started paying me?

Asked on May 30, 2016 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are not exempt from overtime--and if you are receiving overtime now, evidently you are not--you must paid overtime *whenever* you worked more than 40 hours in a week. If you did not receive overtime when working more than 40 hours in a week, you could bring a wage and hour complaint with your state department of labor for the unpaid overtime; you could potentially receive all the unpaid overtime you should have received for up to the last two years (the law only reaches back two years for unpaid overtime or other wage issues).

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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