Does My Employer Have a Right to Restrict My Overtime Hours?


Overtime pay is a right for most non-exempt employees. Overtime laws ensure that people who work over 40 hours in one week receive just wages, which are generally calculated as 1.5 times the worker’s typical hourly wages. Although most employees who work overtime are entitled to overtime pay when they do work outside of their normal hours, employees are not always entitled to work more than their typical schedule allows.

Employers Can Restrict Their Employees From Working Overtime

Your employer can deny your request to work overtime hours. In fact, this is a relatively common practice. An employer may deny their workers from working overtime at all, or limit the amount of overtime hours that they can work in a week. For example, an employer may say that their employees can only work one hour of overtime each day. Other companies have no restrictions on overtime hours and allow their employees to work as much as they please.

This is completely legal. The amount of overtime that you are permitted to work is dependent on your company’s policies and the permission of your employer. However, any overtime hours that you are permitted to work must be properly paid for under the law.

Employers Must Pay Their Employees for Any Overtime Hours Worked

In general, employers are required by law to pay 1.5 times a worker’s typical hourly rate for any time they work over 40 hours in a week. After working approved overtime hours, you should receive this rate of pay on your next paycheck.

If your employer orders you not to work overtime, and you do anyway, you may still be able to receive overtime pay for that time. This will depend on the terms of your company’s overtime policy. Although you are legally supposed to be paid more for those hours, your employer could argue that you chose to work the extra hours despite being aware of the policy or having your overtime hours denied.

You may be able to file an employment law claim if you worked overtime hours and were not properly compensated. If your rights as a worker have been denied, contact Donati Law, PLLC today. We will protect your rights and guide you through your case.

To schedule a free consultation with our attorneys, send us a message or call (901) 209-5500.

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