Legal Question in Employment Law in Delaware

Re: Non-Exempt Employees and Overtime Pay

This is not exhaustive, however, 1. your employer has the right to control your on the job behaivor, including not allowing you to work overtime, and incur the time and one half liability. 2. If you work overtime, even without approval, you are entitled to be paid for it, without condition. 3. If you work without permission, the company may discipline or fire you for insubordination. HR has no right to withhold your overtime pay. If the company knows (under the Fair Labor Standards Act the term is "suffers") an employee to work, then it is liable for the rate of pay, and overtime if applicable. Your avenue might be to remind HR that you are performing for the company's benefit, that your behavior re: overtime is routine (that is you are not trying to "push" your hours simply for the higher rate of pay) and that they should pay you, and you will not work overtime anymore, unless so approved in advance. This sounds like your supervisor might need some coaching in following the company procedures. You might laso remind them that if your supervisor does not provide advance approval, but such overtime has been paid at other times to you or others in your area, then the rule is not being followed by the company itself. Use discretion when pointing out htese issues.

You might also explain, and document in writing any outside activities which you need to attend to such as a child care, etc., and that advance notice is needed if you are to meet your personal obligations (if applicable).

If they refuse to pay you you have recourse under the Fail Labor Standards Act for a "penalty" and attorneys fees. You may also have rights under state law (oif which I profess no knowledge)

You may file a complaint with the Department of Labor. (I suggest that if you do this, the company may seek to retaliate against you, although this is illeglal to do so). a private attroney can also commence suit on your behalf.

Get one that knows wage and hour laws, they are complex.

Accordingly document your demands and make sure they are dated so that you may show that actions were taken against you after your demands.

Dymond Steven

Steven H. Dymond P.C.

1444 Wazee Street, Suite 335