Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: What happens when an employee works overtime without getting the OK to do so?
Question:
We have told our employees that overtime must be pre-approved. However, we still have some people who get in early or stay a little late each day, amounting to an hour or two of overtime per week.
Under FLSA, can we avoid paying overtime in those situations if employees didn’t get it pre-approved?
Answer:
If employees work overtime, they must be paid for overtime, even if the overtime is unapproved and against company policy, according to Jane Dalton, an employment lawyer at Duane Morris LLP.
She suggests that you:
1. Reannounce your policy. Warn employees they will be disciplined up to and including discharge for violating the policy that overtime is not to be worked unless it is approved in advance. Then have supervisors follow through with discipline for infractions.
2. Instruct supervisors to keep track of time worked. If someone comes in early or leaves late and is working during that time, the supervisor can reduce the hours later in the same week. Otherwise overtime must be paid.
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