They refuse to pay me overtime

I have worked for this company for about 2 months. They refuse to pay me my overtime because she said I didn’t get it approved first. She also stated that it is company policy that they DO NOT issue “retro” pay. How can you get over time pre approved if you have no knowledge of it until the end of the day, when you get late pts that come in? Also, my clinic opens at 8:00 am and tries to close at 5:00 pm. Those are my work hours with only a 30 minute lunch. So, I get 2 1/2 hours of overtime every week. They won’t pay me for that either, even though those are my hours that I am suppose to work.
I’m thinking this company is going against the law!?!

2 answers  |  asked Mar 14, 2018 8:15 PM [EST]  |  applies to Texas

Answers (2)

Adam Kielich
The first question is whether you are a salaried, exempt employee. Employees exempt from overtime provisions of the FLSA and Texas Payday Law are not entitled to overtime pay for hours over forty in the workweek. If you are hourly and nonexempt then you are entitled to overtime pay for those hours. If that is the case then it sounds like you might not be paid correctly. If they are deducting an hour for lunch but only giving you half an hour for lunch then that extra half hour of supposed lunch you worked is compensable work time.

It sounds like there needs to be clarification on the lunch policy and the policy at the end of your shift when late patients come in. If they don't want you working beyond the end of your scheduled shift then they need to figure out something to do when late patients come in. You should also talk to an employment lawyer about the potentially unpaid overtime and other wages for hours already worked.

posted by Adam Kielich  |  Aug 25, 2018 1:00 PM [EST]
Bob Debes
I would need to know a little more about your situation, but it sounds as though you are not being paid correctly. What is your job title and/or position? Are you paid an hourly wage or are you paid a salary? Do you clock in/out? Do you clock in/out for lunch or do they automatically deduct 30 minutes per day from your time even if you didn't take a lunch break?

Let me know. I'm happy to help.

posted by Bob Debes  |  Mar 15, 2018 05:37 AM [EST]

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