Q. We orally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do?
A. You must pay the employee for the overtime that he claims to have worked regardless of whether it can be verified.
The Fair Labor Standards Act requires an employer to pay employees time and a half for all hours worked in excess of 40 per week.
An employer is required to pay overtime if it knew or had reason to know that the employee worked more than 40 hours per week.
However, you are not without recourse. You can discipline or terminate this employee for violating company policy regarding pre-approved overtime.
- Directory assistance giant settles wage suit for $1.3M
- Beware retaliation claim if you punish employee for filing internal wage-and-hour complaint
- Should we be paying overtime to employee who receives after-hours phone calls?
- Cooked books pad Thai restaurants' earnings
- WHD rolls two sushi restaurants for OT violations