What are my rights if my employer won’t pay me for work I was asked to do in addition to my regular job?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if my employer won’t pay me for work I was asked to do in addition to my regular job?

I was an hourly employee until last year. My boss said I should be salary and that he would pay me for additional projects that required me to work beyond 40 hours/week. He knew the different projects I was working on and when I presented him with a log of my time for consideration, he would not pay it.

Asked on July 11, 2016 under Employment Labor Law, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were hourly at the time, he must pay you for all time spent working. But if you were salaried, he does not need to pay you to extra for additional projects or for working beyond 40 hours per week. Since the employer does not need your agreement or consent to make you salaried--it is entirely up to the employer whether you are hourly or salaried--he could make you salaried against your wishes; and furthermore, since he does not need you to agree to the change, his promise to pay you extra is not enforceable--that is, he could freely go back on it, and just pay you your base salary.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption