Nonpayment for hours worked

hrintexas · January 2003

Our company's Overtime policy states that non-exempt employees are prohibited from working over 40 hours a week without prior authorization from a supervisor. Despite the posting on our company intranet, non-exempt employees occasionally exceed 40 hours. Though they don't "seek" reimbursement for overtime, we are entitled to pay them under the FLSA. What additional documentation or process(es) can we establish to avoid payment for unauthorized overtime? Can we take disciplinary action, including nonpayment and termination, for one or more willful overtime policy violations after reminders are issued?

Theresa Gegen TX · January 2003

If the employee actually works the hours (authorized or not), you have to pay them for the work. You can write them up for working overtime without authorization, and eventually terminate them if they continue to do it, but the employee MUST be paid for all hours worked.

Good Luck

hrintexas · January 2003

Thank you.

Pork · January 2003

Hrintexas: I agree with Tersa, but I would go a little further to insure no intent to do wrong to the ee's pay and to further document that your company follows the law. Pay to the nearest quarter hour by rounding not just for an HOUR WORKED! Hope this helps! Pork

Pork · January 2003

Simple, stop keeping time on EXEMPT employees. Keeping time on EXEMPT employees sets the company up for potential O/T payment and fines. The EXEMPT EMPLOYEE IS A 25/8 DAY A WEEK EMPLOYEE SERVING AT THE WILL OF THE PRIVATE COMPANY!!! We have a group of managers that we require to clock in and out, the clock is the validating instrument in this case to prove the individual was on station and properly authorized to be there at odd hours of the day and evening. No other manager which there are about 20 are required to even keep a time card or a time log!!! Unless there is a ligitimate reason to support time keeping on EXEMPTS, stop the pratice, immediately. My 2 cents. Pork

Nonpayment for hours worked

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