What to do if I worked overtime but it did not go into my paycheck because I was told OT couldn’t go above 80 hours so the extra overtime hours would roll over to my next check but it never did?

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What to do if I worked overtime but it did not go into my paycheck because I was told OT couldn’t go above 80 hours so the extra overtime hours would roll over to my next check but it never did?

However, they did not and when I asked my employer about it, he refused it. What are my legal options with this situation.

Asked on September 21, 2015 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can file a complaint with the federal or state departments of labor, or bring your own lawsuit for the money. If an hourly employee, you must be paid for all hours worked, and overtime for all hours above 40, in a work week--period. The employer cannot arbitrarily cap how many hours they will pay you for in a week or during a pay period they can cap how many hours you actully work, if they want to control costs but if you do the work, you must be paid. If you don't receive the money, therefore, you can take legal action fiing a complaint or bringing a lawsut possibly in small claims court, acting as your own attorney.


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