Can you sue an employer for not paying overtime?
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Can you sue an employer for not paying overtime?
Workers covered under the FLSA can sue their past or present employer if required overtime wages were not properly paid. The overtime rate of pay that employers are required to pay is one and a half times (1.5 times) the regular hourly wage.
Can you sue for overtime?
Filing a Lawsuit for Unpaid OT in California. If you work over 8 hours in a day or more than 40 hours in a week, your employer may be required to pay overtime wages. If your employer has not paid you overtime under California wage and hour laws, you may be able to recover unpaid OT by filing a wage and hour lawsuit.
Is forcing overtime legal?
The answer is yes, an employer can force employees to work mandatory overtime. Employers can also terminate an employee for refusal to work the mandated overtime. The Fair Labor Standards Act (FLSA) is responsible for establishing the 40-hour work week for employees.
Can I refuse to work more than my contracted hours?
You cannot be forced to work over the number of hours in your contract and may legally refuse to do so. If you do not work the full number of hours stated in your contract (without good reason such as illness/bereavement etc) then your employer may discipline you.
Can you get fired for refusing to work overtime UK?
If your contract says you have compulsory overtime but it’s ‘non-guaranteed’, your employer doesn’t have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don’t do the overtime you’ve agreed to.
What happens if you work less than your contracted hours?
Unless your employment contract expressly allows unpaid or reduced pay lay-offs or short-time working, or you agree to any reduction, your employer is not legally permitted to cut your pay. Whilst your employer may ask you to change your contracted hours, they cannot force you to do so.