What can I do if I worked over 40 hours but was not paid overtime?

UPDATED: Sep 30, 2022

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What can I do if I worked over 40 hours but was not paid overtime?

When I started my job 4 months ago I was told overtime was going to be paid.

Now they are telling me that I can only work 40 hours. Yet, all this time I been getting

paid for 40 hours but working more than that. Now they don’t want to pay me the

overtime that I worked. What can I do? Can I still claim the overtime hours that

I’ve worked.

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


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

Answered 5 years ago | Contributor

Hourly workers can be "exempt" from overtime laws, however by far the majority of such workers are "non-exempt". This means that for for all hours worked over 40 in a week, they must be paid 1 1/2 times their hourly rate. To receive the monies owed you, you can file a wage claim with your state's department of labor and/or file suit in small claims court. In either event, you must be able to offer proof of your claim.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Assuming that you are not exempt from overtime--and if you are an hourly employee, you are not exempt--then you can file a wage and hour claim for unpaid back overtime due to you for up to the last 2 years. (Obviously, you'd have to be able to substantiate or prove the hours you worked.) Try filing a complaint with your state or the federal department(s) of labor; alternatvely, you could bring a lawsuit (e.g. in small claims) for the money.

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.

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