Exceeding the standard 40-hour workweek as a non-exempt employee is physically and mentally taxing, and it is reasonable to expect fair compensation for your extra time. However, upon asking for payment, your supervisor says that they did not approve the extra 10 hours. Consequently, they refuse to pay for your overtime.
While their claim may sound official, do not let this stop you from seeking the payment you deserve. Understanding employment laws related to overtime pay is essential in protecting your rights.
How federal and state laws apply to this matter
Under the Fair Labor Standards Act (FLSA), the law prioritizes knowledge over permission. If your boss knows or has reason to believe that you are working, they have allowed that work to happen. This means they are legally obligated to compensate you for the extra hours spent meeting your daily production quota.
The Texas Workforce Commission (TWC) follows the FLSA’s suffer or permit standard for overtime. If your boss refuses to pay for the extra work hours, they failed to count your hours correctly. You may file a wage claim under the Texas Payday Law, which can trigger an investigation from the TWC.
What your employer can and cannot do
Employers may impose a policy that requires requests for overtime approval. However, this does not override the law. While an employer can legally fire or discipline you for breaking company policy by working unauthorized overtime, they still have to pay you for every minute you worked.
Standing up for your hard work
Although the law offers protection, your claim relies on whether the employer had constructive knowledge of your overtime. They can challenge your claim, especially if they argue your extended hours lack proof.
Proving unpaid overtime claims requires legal guidance. Consider consulting an employment attorney to gain insights and options to resolve your matter.