Unauthorized Overtime


Even for unauthorized overtime, an employee must be compensated. An employer cannot "accept the fruits of the employees' labor" without paying their employees. Therefore, policies such as "employees will not be paid for unapproved overtime" will not win in court. Perhaps the worst violations occur when supervisors urge their employees to clock out and then continue work. Employers cannot escape liability by refusing to keep records of their employee's "off-the-clock" work. In such cases, the law allows the employee to use reasonable estimates to reconstruct their work time.





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