Many employers implement workplace policies to limit operational expenses. For example, having a rule against overtime is relatively common. The organization may adopt a policy that requires management or corporate office approval before a worker can put in more than 40 hours, work seven days in a row or work a particularly long shift.
Such policies prevent situations in which workers may stay at work for a few extra minutes every day to collect an hour or two of overtime pay on every check. Even with those rules in place, employees may sometimes need to stay late or come in for an extra day that they would usually have off from work.
Can employers enforce no-overtime policies after workers have put in the time?
California employees deserve pay for time worked
Regardless of a company’s policies, the organization still has to follow federal and state employment laws. Organizations have every right to control their scheduling practices and prevent workers from accruing overtime. However, once those workers have become eligible for overtime, the company must pay them in accordance with the law. Additionally, the company should not punish workers who had to stay late or pick up an extra shift due to the request of a supervisor or someone else calling in sick.
Unfortunately, many workers do not know their rights. When the company claims that they can’t receive pay for unapproved overtime, they accept that as fact. The company may then unfairly deny that worker wages for time already worked.
Companies can’t deny a worker earned wages
Organizations have every right to control when workers are on the clock and to require that they never exceed the 40-hour threshold for overtime wage eligibility. They do not have the right to enforce that rule after a worker has already put in the necessary time. A no-overtime policy does not have more authority than federal and California state employment laws.
If a business refuses to pay a worker for their time on the clock, that employee may need to take legal action. Pursuing a wage claim can help workers receive the compensation they deserve for services provided to an employer. Workers who understand their rights can demand appropriate compensation from companies that attempt to inappropriately enforce no-overtime rules.