Working overtime without pay

UPDATED: Oct 1, 2022

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Working overtime without pay

I used to worked for a mental health program and we were required to turn in our notes within 24 hours, even if it mean working overtime to do so. Any time spent working on your notes after 8 hours you could not get paid for. Our schedule did not allow for notes to be done within the 8 hours and management knew that. I even had a supervisor tell me that sometimes in social work you need to work after hours to get your work done. Everyone was required to turn in their work by 10 am the next day, making it impossible not to work overtime. I was an hourly employee however everyone was

required to follow those guidelines. Upon my hire I was never informed that I would need to work overtime without pay. Is this even worth fighting about? This was my first social service job and I assume that was just a policy for everyone, until I started a new job and they informed me about getting paid overtime for working on notes.

Asked on April 7, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no such thing as overtime without pay for hourly employees. Under the law (such as the state Fair Labor Standards Act or your state's labor laws), you must be paid overtime whenever working more than 40 hours in a work week. In addition, under your state's laws (but not also federal law), if you work more than 8 hours in a day, you must get overtime. While taking legal action against your employer is a drastic option, based on what you write, if you chose to do so, the law is on your side. If you wish to take action, contact your state's labor department, which is known as the Labor & Workforce Development Agency.

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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