What can I do?
UPDATED: Sep 30, 2022
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What can I do?
I requested pay for overtime. They took
me off the schedule but not fired me.
is this legal?
Asked on January 6, 2017 under Employment Labor Law, Georgia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
They have to pay you for overtime work that you did, assuming that you are not exempt from overtime (and if you are hourly, you are not exempt and must receive overtime for working 40 hours+ per week). If they won't pay you for overtime you earned, you could file an overtime complaint with the state department of labor to get the money you are owed. It is also illegal to retaliate against an employee for wanting his or her legal rights, so if they cut your time in response to asking for overtime pay, add that to your complaint to the department of labor; you may be entitled to additional compensation for that (or at least to be added back to the schedule).
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