Q: The general manager of the property I work at said any unapproved overtime would not be paid. What should I do?
This was sent in an email to the management team.
A: Do not work overtime hours unless your employer approves it. If your employer assigns you tasks that result in overtime hours, your employer is required to compensate you for all your OT hours.
Brad S Kane and Neil Pedersen agree with this answer
A:
If you work overtime, your employer must pay you. That threat is not supported by the law. However if you are told to not work overtime, and you do, you can be disciplined and even terminated. You will get your pay for the work done, but it might be the last paycheck you get from that employer.
Good luck to you.
Brad S Kane agrees with this answer
A:
Sorry to hear that your employer is stealing your wages. Not clear if you are getting paid anything for the "overtime hours" you are working or whether they are just not paying the overtime premium (1 and 1/2 basic rate). They are probably not paying you anything and requiring that you do not report the overtime hours, at all. This is how they usually cheat the employees, it is wage theft, and it is illegal. Unless you keep your own time records of start and stop time, it could be hard to prove, because the only records will be the employer's false records. (which you probably sign on- but that problem can be overcome).
When your employer assigns you work that takes you more than 8 hours a day or 40 hours a week, both FEDERAL and CAL law REQUIRE that you are paid for the hours AND that you are paid overtime premium. You are ENTITLED to be paid for all hours that the employer requires you to work, the fact that they require the work IS the approval. I think Maya means, stop working when you reach the end of regular time or get the employer to approve the overtime. I am not so sure that Neil is correct, because the employer cannot RETALIATE against you if you request payment in compliance with Federal and Cal. laws. However, as a practical matter, Neil is correct and after the employer fires you for "insubordination" you then have a lawsuit against the employer, which you may or may not win.
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