Is it illegal for an employer to refuse to pay overtime to nonexempt employees?
Yes. The overtime requirement can’t be waived, even if an employer and their employee agree to it. If an employer fails to pay overtime to eligible employees, among other things, they may be criminally charged for violating the overtime stipulations of the FLSA. Employers who willfully or repeatedly violate overtime pay requirements are subject to a civil penalty of up to $1,100 for each violation.
Related Questions
- Are departments required to pay premium overtime to nonexempt employees who work more than 40 hours in a week, or do departments have the discretion to provide compensatory time off (CTO)?
- Does an employer have to pay overtime compensation to salaried employees?
- Can the Employer refuse to pay overtime if it was not approved?
