Examples of Common Overtime Hours Unpaid

Minimum wage employees are entitled to the same workers rights as anyone else – and one of those rights is payment of overtime wages. According to most company’s overtime policies, eligible employees who work more than forty hours in a week should receive 1-1/2 times their normal hourly wage. Even if your work is salaried, you are still entitled to receive overtime pay if you make less than $23,660 annually.

Whether it’s done intentionally or it’s an honest oversight, many employees deprive their staff of the overtime wages to which they’re entitled. Below are a few examples of common ways overtime hours can go unpaid:

  • Unpaid breaks or lunch deductions: If a break is shorter than 20 minutes, it should be counted as paid time, and the same is true for short lunch breaks or work done during a lunch hour.
  • “Carryover” deficits: Each workweek should be subject to overtime requirements independently of other weeks. For instance, one 30-hour work week and one 50-hour work week do not average out to no overtime. The employee should receive overtime wages during the 50-hour week.
  • Non-payment of ancillary duties and activities: In some cases, employees are not compensated for work that is taken home, or for any set up, clothing changes, or clean-up duties that are done before clocking in. According to Florida overtime law, these tasks should all qualify for overtime pay.
  • Non-payment of final paychecks. Regardless of the reason for an employee’s termination, the employer is bound to provide the last paycheck due to them, including any overtime wages.
  • Requirement of management approval. Some employers require that overtime hours are approved by a manager before they release overtime compensation. This is a violation of legal overtime policy.
  • Non-payment of “on call” time. Any time spent in an "on call" status or in meetings qualifies for hourly wages and can contribute to accrual of overtime.
  • Modifying time sheets. Altering the records that show what times employees clocked in or clocked out is an illegal way to avoid paying overtime wages.
  • Executive or managerial staff at fast food restaurants and other low paid positions who make less than $23,660 annually are due overtime pay, even though their job type might normally be exempt (see details below).
  • Misclassifications: Some employers deliberately misclassify employees to render them "exempt" from overtime pay.

There are a few exceptions to these overtime laws. Certain jobs are exempt from being paid overtime compensation, include executives, administrative staff, some computer-related employees, outside sales staff, and similar positions. It's important to note that these jobs are the exception rather than the rule.

Under the Fair Labor Standards Act, anyone who earns less than $23,660 annually or $455 weekly is entitled to overtime pay. Employers are legally required to keep records of each employee's wages and hours worked. If these records aren't up to date or you are not paid for overtime, you may be entitled to receive compensation for twice the value of overtime hours, plus legal fees. Contact an employment lawyer to learn more about how your local overtime laws are designed to protect workers’ rights.