DGAA bLAWg

Payment for Unauthorized Overtime

Web Admin - Friday, September 19, 2014

payment for unauthorized overtime, Palatine employment law attorneyThe law related to wage and hour violations is a complex legal area that touches virtually every employee. These laws lay out employees' rights with regard to things like when they may be paid, how much they must be paid, and the various overtime rules. The overtime rules are some of the most difficult, and can often lead to violations by employers, either knowingly or simply by virtue of not understanding their full complexity. Regardless of the reason for the violation, employees should be aware of their legal rights so that they can enforce them in case something goes wrong.

One of the most common issues that arises with overtime is the idea of “unauthorized overtime.” Many companies have a policy in place that requires employees to get supervisor permission before they work overtime, because overtime switches them to an increased hourly salary. However, this policy can cause confusion when an employee works unauthorized overtime. Some companies refuse to pay workers extra for unauthorized overtime work, but that refusal is a violation of federal law.

The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is the major piece of federal legislation governing things like overtime pay and wage and hour violations. For the purposes of the question about unauthorized overtime, the important section is 203(g), which defines the word employ. A company employs someone when it “suffer[s] or permit[s]” the person to work. Such a broad definition of the word employ means that even if the company has not authorized the overtime hours, they are still allowing the overtime work to happen. The fact that they allowed it at all means that the employee must be paid properly for their time, regardless of any company policy. However, employers are still allowed to take certain steps related to authorizing overtime.

What Employers May Do

Just because employers must pay their workers for unauthorized overtime does not mean that they are not allowed to have a system for approving overtime beforehand. Companies are allowed to decide whether they want their employees working extra time or would rather simply have the project completed at a later date. In fact, companies are even allowed to institute disciplinary procedures related to working overtime without the proper authorization. Yet, even with such procedures in place, if the employee still works overtime, they must be paid accordingly, even if they are also disciplined for violating the company policy related to unauthorized overtime.

Employees who have been the victim of wage and hour violations often feel powerless to stand up to their employers. If you believe that you are owed extra overtime pay, contact a skilled Illinois employment lawyer today. Our dedicated team can help provide you with the backup you need to enforce your legal rights as an employee. We assist clients in Palatine, Des Plaines, Buffalo Grove, and those throughout the suburban Chicagoland area.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

minimum wage irrevocable trust elder abuse denied insurance claim Rolling Meadows car accident lawyers back injuries estate planning lawyer underfunded trust commercial leases insurance claim denials Rolling Meadows Attorney estate planning for college students Buffalo Grove insurance claim dispute lawyers Arlington Heights insurance attorney Fair Labor Standards Act Arlington Heights wills and trusts lawyer capital gains tax Arlington Heights lawyer mass shooting commercial real estate power of attorney probate lawyer Rolling Meadows insurance dispute lawyers Inverness estate planning lawyer disability benefits Rolling Meadows employment attorney Arlington Heights pedestrian accidents construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Schaumburg medical malpractice lawyer Illinois Illinois personal injury Schaumburg construction accident lawyer unfunded trust Chicago traffic lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois rollover accident lawyers Illinois real estate lawyer Forcible Entry hit and run accident Barrington injury attorney Mount Prospect wills and trusts lawyers PTSD employment attorney employee misclassification unpaid assessment internet criminal law personal injury Illinois driving without license IRS drunk driving loss of consortium insurance claim right to work life insurance lawyer special needs trust owner responsibility Illinois wills and trusts GM ignition switches Deer Park DUI lawyer small business Schaumburg Attorney FMLA pedestrian accident Employment Discrimination Law Barrington personal injury attorney Des Plaines DUI attorney Palatine elder law attorney in terrorem provision unpaid overtime drugs real estate closing Crystal Lake estate planning lawyer work unions agent job lawyers Schaumburg personal injury lawyers life insurance policy distracted driving accidents real estate attorney Arlington Heights trucking lawyer Riverwoods estate planning lawyer Exclusions llinois Real Estate Lawyers Association Illinois DUI attorney living trust vs will Inverness insurance attorney Rolling Meadows estate planning attorney Food and Drug Administration's Food Safety Modernization Act Illinois traffic laws Illinois jet ski accident lawyer real estate lawyer Buffalo Grove medical malpractice lawyers digital assets traffic violations icy parking lots Palatine injury attorney drug crimes lawyer uninsured motorist taxes cell phone tower data comparative negligence Palatine probate lawyer probate claims process estate tax defective products compensatory time attorney fees Barrington business law firm Crystal Lake employment lawyer Palatine construction attorney car crashes Crystal lake insurance dispute attorney Arlington Heights wills and trusts lawyers landlord tenant law fiduciary rule Palatine law firm creditors college kids Des Plaines real estate attorney Palatine personal injury lawyer Schaumburg sexual images products liability Des Plaines pet law attorney estate plan Schaumburg drug defense lawyer anesthesia errors Des Plaines Traffic Lawyer Policy Cancellation Inverness real estate lawyer Des Plaines accident attorney overtime violations Illinois traffic attorneys Super Mario unauthorized overtime Crystal Lake criminal defense attorney Illinois LLC creation Palatine corporate law attorneys filing a medical malpractice claim Palatine traffic lawyer forming a corporation in Illinois Chicago will attorney, social media platforms, Illinois estate planning lawyer, privacy Illinois insurance lawyer Rolling Meadows insurance dispute lawyers, insurance dispute traffic laws Barrington estate planning lawyer Illinois insurance claim dispute lawyers Illinois boating accident lawyer insurance claim dispute attorney Des Plaines personal injury attorney underinsured motorist Rolling Meadows tax attorney Illinois Wage Payment and Collection Act Crystal Lake traffic lawyer Barrington criminal lawyer FSLA Illinois Human Rights Act Chicago biking tips marijuana subcontractor Buffalo Grove corporate attorney criminal defense dram shop law pedestrian-automobile accident POA Des Plaines personal injury lawyer Illinois estate planning law firm healthcare claims loopholes Schaumburg estate planning lawyer Crystal Lake car accident lawyer Chicago estate planning car crash boating DUI Rolling Meadows insurance attorney insurance dispute attorney Inverness elder law lawyer Illinois civil litigation lawyer Mount Prospect elder law attorney Arlington Heights estate planning attorney life insurance South Barrington real estate lawyer Illinois probate lawyer Schaumburg employment attorney Illinois insurance disputes Chicago lawyer TBI mortgage IRA benefits medical malpractice Deer Park personal injury lawyer denial of life insurance Deer Park traffic accident attorney Illinois business lawyer Schaumburg probate attorney DGAA Buffalo Grove criminal defense lawyer Illinois collections attorney liability digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Illinois insurance claim attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Barrington employment law attorney Illinois workers compensation lawyer landlord breathalyzer test criminal record Illinois personal injury lawyers CAM probate claims real estate leasing Barrington criminal defense lawyer traffic offenses Palatine corporate attorney sole proprietorship traumatic brain injury pedestrian injuries, pedestrian fatality drug possession nursing home negligence probate fees Arlington Heights wills and trusts attorneys Illinois medical malpractice case real estate pedestrian accidents cell phone Long Grove estate planning attorney Arlington Heights accident attorney healthcare Buffalo Grove injury lawyer Inverness DUI lawyer Illinois bicycle safety Palatine criminal defense lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, dynasty trusts School Visitation Rights Act Kenilworth estate planning attorney changes to mortgage law Crystal Lake medical malpractice law firm accidental death benefits overtime pay Deer Park employment law attorney Des Plaines drug crimes lawyer ken apicella trench injuries Illinois workplace lawyer LLCs Schaumburg injury lawyer Arlington Heights criminal lawyer Kenilworth estate planning lawyer Des Plaines tax law firm Schaumburg criminal law attorney digital information Rolling Meadows Traffic Lawyer civil rights violation Rolling Meadows probate lawyer DUI Crystal Lake tax lawyer Schaumburg criminal attorney medication errors business litigation workers comp Crystal Lake traffic attorney Barrington Illinois estate planning lawyer estate planning Illinois Workers’ Compensation Commission murder charges foreclosure Illinois wrongful termination lawyer Landlord Tenant Ordinance real estate contract Palatine real estate lawyer Palatine drug lawyer paid sick leave Crystal Lake medical malpractice attorneys insurance denial appeals clemency civil litigation personal injury attorney breach of contract Rolling Meadows employment law attorney criminal Illinois personal injury attorney trucking accident lawyers Illinois employment law attorney Schaumburg wrongful death attorney Illinois criminal defense attorney Illinois will lawyer sexual harassment deadly crashes estate attorney Rolling Meadows accident lawyer pay when paid contract Inverness real estate attorney Arlington Heights employment attorney Illinois construction accident attorney foreclosed rental property Illinois employment lawyer Arlington Heights Traffic Lawyer Crystal Lake pet attorney pet law traffic tickets jet ski accidents Schaumburg corporate attorney Illinois employment attorneys defective products lawyer probate process Arlington Heights injury attorney employment law Barrington medical malpractice lawyers underage DUI Long Grove wills and trusts attorneys boating accidents consent to a search personal injury lawyer severance agreements Detainer Actions Illinois wills and trusts attorneys Illinois car accident attorney Chicago trucking accident attorney Home Remodeling Repair Act Barrington workers compensation attorney Inverness probate lawyer Barrington employment attorney Rolling Meadows employment law attorneys Illinois employment law firm drug crimes Palatine employment attorney marijuana crimes attorney car accidents Do Not Resuscitate Buffalo Grove probate lawyer Chicago estate planning lawyer Chicago employment lawyer problem employees Des Plaines motorcycle accident attorney traffic violations defense guardianship attorney Palatine Attorney texting while driving investment property Schaumburg personal injury lawyer Crystal Lake personal injury lawyer reckless homicide Des Plaines medical malpractice attorney Transfer on Death Instrument pet bites Illinois trusts attorney independent contractor dealing with problem employees license reinstatement Rolling Meadows criminal lawyer Jay Andrew employment contract Whistleblower Claims power of attorney for healthcare workers compensation benefits Palatine trusts lawyer modern family estate planning trauma after an accident Illinois workplace discrimination attorney Crystal Lake car accident attorney health insurance dispute fatal car accidents Schaumburg employment law attorneys insurance negligence blended families premises liability Barrington drug crime attorney Joliet general practice lawyers Inverness personal injury attorney medical marijuana Rolling Meadows corporate lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Barrington real estate lawyer murder digital media accounts, estate planning, Arlington Heights estate planning attorney, cell phone accidents employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys condo association Schaumburg personal injury attorney DUI attorney license suspension Illinois insurance claims lawyers Rolling Meadows medical malpractice lawyers Thanksgiving Crystal Lake pedestrian accident lawyer product liability texting and driving Des Plaines personal injury lawyers head on collisions Family Medical Leave Act IRELA motorcycle accident lawyer Arlington Heights personal injury attorney Buffalo Grove car accident lawyer Arlington Heights real estate lawyer natural gas explosion fiduciary rule delay Rolling Meadows traffic attorney Chicago insurance law firm medical malpractice claims Rolling Meadows marijuana attorney Schaumburg elder law lawyer Fourth of July Illinois real estate Inverness accident lawyer jet ski advance healthcare directive Illinois job attorney living trust Des Plaines drug lawyer Liquor Control Act Illinois home inspection Legal Info income distribution deducation Illinois tax attorney Crystal Lake bike accident lawyer motorcycle accident Illinois insurance claim dispute lawyer residential real estate Deer Park traffic lawyer wills and trusts Home Sale Contingencies installment contracts Illinois workers compensation attorney Palatine traffic accidents preventable medical errors startup company Deer Park real estate law firm employees car crash injuries Buffalo Grove traffic attorney murder defense Rolling Meadows drug defense attorney estate planning attorney real estate attorneys Arlington Heights traffic attorney Illinois traffic accident lawyer car collision liability claims blood alcohol content traffic deaths rumble strips workers compensation Crystal Lake medical malpractice lawyer Kenilworth estate planning attorneys caretaker rights trustee insurance denials Illinois attorney child safety probate Crystal Lake insurance lawyer slip and fall golf accidents Mt Prospect Attorney Des Plaines real estate lawyer personal injury claims comp time civil litigation attorney commercial leasing wrongful termination federal crimes Retaliatory Discharge Chicago will attorney Chicago attorney Arlington Heights Attorney South Barrington real estate attorney rollover car crashes vacation home fines Attorney Ken Apicella bike accident car accident lawyer Palatine estate planning lawyer pain and suffering Rolling Meadows business lawyer employee rights insurance claims Illinois insurance dispute lawyers Arlington Heights wills and trusts attorney Barrington employment law firm Rolling Meadows criminal attorney Illinois medical malpractice claim estate planning trusts slip and fall accidents Crystal Lake civil litigation lawyer Illinois living will Mount Prospect real estate lawyer Crystal Lake will lawyer eluding a police officer Rolling Meadows personal injury lawyers Des Plaines criminal attorney Illinois employee rights attorney. Deer Park motorcycle accident lawyer Deer Park medical malpractice attorney crossover accidents insurance dispute Barrington civil litigation attorney Colin Gilbert living trust benefits manufacturing appealing an insurance claim Deer Park accident attorney Barrington attorney Palatine workers compensation lawyer Crystal Lake personal injury attorney Rolling Meadows traffic law firm Des Plaines collections attorney homestead rights DMV insurance disputes Illinois speeding lawyer Illinois personal injury lawyer Schaumburg estate attorney truck collisions senior citizens Crystal Lake employment attorney meal breaks Palatine civil litigation lawyer construction accidents rent to own real estate contracts Des Plaines claims law firm trust payments Schaumburg traffic lawyer Illinois red light cameras Buffalo Grove real estate attorney car accident lawyers drug crime Illinois pedestrian accident attorney Illinois pet lawyer Arlington Heights TBI attorney Illinois elder law attorney Des Plaines injury law firm insurance claim delay Schaumburg car accident attorney Illinois Smoke Detector Act swimming pools holiday statistics Barrington litigation attorney Barrington Traffic Lawyer gift taxes Illinois traffic ticket lawyer Illinois defective products attorney Chicago insurance claim attorneys Crystal Lake injury attorney Chicago employment attorney Barrington personal injury lawyer Arlington Heights car crash attorneys involuntary manslaughter Illinois employment law hands free device digital evidence Inverness traffic law firm speeding insurance agent negligence wage theft employment law, Illinois employment laws IRA trust transfer Palatine punch death Chicago corporate attorney traumatic brain injuries rest breaks Rolling Meadows personal injury lawyer employment lawyer Rolling Meadows litigation lawyer DNR Illinois employment law attorneys whistleblower protections Buffalo Grove personal injury lawyer Illinois medical malpractice lawyers institutional trustee drunk driving statistics Buffalo Grove law firm tax attorney Palatine insurance lawyer auto accidents Illinois Transfer on Death Instrument BAIID ACA Schaumburg civil litigation attorney Schaumburg insurance lawyers Arlington Heights personal injury lawyer Buffalo Grove personal injury attorney Palatine civil attorney Schaumburg estate planning attorney trucking accidents Palatine employment law lawyer expungement operating agreements traffic accidents gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys living wills DUI penalities estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers first degree murder surgical mistakes new real estate form home inspection lawyer Barrington boating accident attorney Arlington Heights tax lawyer Illinois mortgages liens no contest clauses insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Rolling Meadows DUI lawyer Illinois insurance attorney Long Grove real estate attorney personal injury accidents Rolling Meadows vacation home employee discrimination Illinois motorcycle accident lawyer Des Plaines trusts Illinois estate planning attorney denied insurance claims preventing accidents Illinois law Illinois employment laws boating under the influence personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Long Grove estate planning traffic crimes DUI defense ObamaCare BAC construction contracts life insurance claims hiring employees Rolling Meadows insurance lawyer distracted driving accident victims Deer Park criminal attorney financial advisors Illinois business law atorneys Crystal Lake business law attorneys pizza emoji insurance claim dispute Colin H. Gilbert bicycle dooring accidents insurance attorney Palatine employment lawyer Self-Directed IRA Accounts Illinois lawyer Des Plaines civil attorney Illinois estate planning Illinois traffic attorney Long Grove real estate lawyer food poisoning elder law insurance agents natural gas Rolling Meadows boating crash lawyer bicycle accidents social media after death medical research Illinois Sales Representative Act Inverness civil lawyer driving real estate zoning corporate law Illinois small business low-ball insurance settlement Illinois medical malpractice attorney Arlington Heights employment law attorneys Palatine business attorney contracts spinal cord injury Arlington Heights car accident lawyer condo BUI Arlington Heights medical malpractice lawyer Illinois injury lawyer license rollover accidents suspended license field sobriety test privacy laws insurance claim denial Illinois trucking safety Crystal Lake accident attorney Barrington estate planning attorney car accident Schaumburg real estate lawyer Illinois Probate Act of 1975 Federal Food Drug and Cosmetic Act Chicago car accident lawyer Affordable Care Act Deer Park workers compensation lawyer Inverness injury lawyer Class A misdemeanor automated cars Des Plaines insurance attorney Illinois registered agent federal regulations for LLCs controlled substance bad faith insurance claims Long Grove estate planning attorneys wrongful death personal injury law firm insurance adjusters Rolling Meadows real estate attorney Illinois corporate lawyer wills license revocation brain injury workplace sexual harassment caregiver medical malpractice compensation Crystal Lake law firm spinal cord injuries revenge porn deed transfer dog bites Rolling Meadows personal injury attorney pregnant women personal injury claim fault based insurance Inverness corporate attorney Buffalo Grove employment lawyer Crystal Lake employment law attorney Buffalo Grove traffic lawyers

Archive