Compensation for Overtime Work Vital for Employees

Pittsburgh, PAWhen it comes to not receiving overtime pay, what tends to come to mind are gross violations of overtime laws. Such gross violations might include forcing employees to work 10 to 20 extra hours a week off the clock. However, companies can be in violation of overtime rules even when employees are putting in an extra 10 to 15 minutes before and after their work shifts, if those extra minutes take them above and beyond the 40 hour work week.

Many employees have probably been told, when they started a new job, that they are required to be at work 15 minutes early and stay 15 minutes later to finish up any end-of-shift tasks. Sometimes, those tasks involve putting on and taking off uniforms, other times those tasks involve counting money in a cash register or cleaning up a workspace. At the time, those demands might not seem unreasonable—after all, what's 15 minutes before and after a shift?

But, if work is being done in those 15 minutes and if those minutes take the employee into overtime, then that employee should be paid properly for those minutes.

Think about it: 15 minutes before and after every shift is half an hour a day. Over a 5-day workweek, that is 2.5 hours of overtime pay. That adds up to 10 hours over a month and 120 hours over a year—assuming, of course, that is the full extent of the unpaid overtime. After all, 15 minutes is rarely just 15 minutes.

Now, consider a person who makes $10 an hour. For overtime work, he should receive $15 an hour. That is an extra $37.5 a week, $150 a month and $1,800 a year. That is money that can definitely add up and help pay some bills in these lean times. What if he were denied that pay for years and years? That can add up to $18,000 over 10 years of unpaid overtime.

Now, some people might say, "So, what's $37.5 a week? That's not worth fighting about." Perhaps. But ask yourself if your employer would let someone who owes him $37.5 a week, or $150 a month or $1,800 a year get away without paying him that money. Chances are, he would not. So, why is it okay for him not to pay you?

When workers put in unpaid overtime their employer benefits by not having to pay for that work done. Employees suffer because they show up to work in good faith but are not properly paid for the work they do.

In some circumstances, employers might not properly understand overtime law. In other circumstances, employers might be purposefully trying to get around the law. In any case, employees are entitled to be paid for their overtime hours, provided that they are not considered exempt from overtime pay. This is true whether the worker is a busboy in a restaurant, a car wash employee or a police officer, as evidenced by recent rulings in donning and doffing lawsuits.

Overtime lawsuits can bring results for employees who are not properly compensated for their hours worked. According to The New York Times, in March, 2009, Ollie's Noodle Shop and Grill, a Chinese restaurant chain, agreed to pay $2.3 million to 813 employees to settle overtime and minimum-wage violations.

During that lawsuit, the Labor Department alleged that full-time employees worked up to 60 hours per week and earned only $1,200 a month, which equals $5 an hour. However, state law requires employees who work 60 hours a week to be paid at least $500.50 a week, which equals just over $2,000 a month. That means employees at that restaurant chain were allegedly losing $800 a month in pay.

Regardless of whether you are owed $150 a month, $800 a month or more, unpaid overtime is unpaid overtime. It is time spent working that you deserve compensation for.