Employer demands repayment of overtime or job termination

[nasumi]

My employer is demanding I pay back previously earned overtime wages citing that they were not approved. When originally hired in June of 2009, I was told by my hiring supervisor overtime was ok as long as it was not excessive. I have been told I have to pay or I will be terminated. From what I have read, what they are asking is against the law. Any suggestions on what I can do to resolve this issue?

 

[ecmst12]

It is 100% illegal to not pay overtime that was actually worked just because it wasn't pre-approved. They can FIRE you for working unapproved overtime, but they still have to pay you for the time. So no, they can't make you pay the money BACK if you rightfully worked that overtime.

 

[swalsh411]

You can tell them you will not pay it back. They can fire you for having worked unapproved overtime. Then you can file for unemployment while you look for a new job.

 

[Antigone*]

My employer is demanding I pay back previously earned overtime wages citing that they were not approved. When originally hired in June of 2009, I was told by my hiring supervisor overtime was ok as long as it was not excessive. I have been told I have to pay or I will be terminated. From what I have read, what they are asking is against the law. Any suggestions on what I can do to resolve this issue?

Ask them to put their request in writing. If they are so idiotic they give you the letter, say "thank you, you can terminate me now. I will not pay you back."

 

[Betty]

Here are the laws:

http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

Also:
Title 29 - 785.13 Duty of management.

In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule and must make every effort to do so.

However, as noted previously, your employer can discipline you up to & including termination for working unauthorized overtime.

 

[startedone]

Ask them to put their request in writing. If they are so idiotic they give you the letter, say "thank you, you can terminate me now. I will not pay you back."

lol if they actually did write a demand letter like that ...

 

[startedone]

I would tell the person to record all conversations but not knowing the state is would be unwise to advise this....what state you in OP?

 

[nasumi]

They actually gave me a document stating the following:

In lieu of termination, #### has agreed to pay back overtime pay to #######. Please respond with an action plan. The document looks completely non-legal with no mention of lawyer contacts, it is meant to be an under the table agreement.

Sad part is the owner of company went ballistic over it and swore up and down he would #@$%ing fire us (they was another person) if I did not think of a solution. When I offered working for free, which later I found out was illegal as well, the issued died. In the owners rage he still demands it. The worst part is that the overtime spans from 1-1-12 to 4-22-12 for a grand total of 7.99 hours.

 

[nasumi]

To the poster who asked the state, I am in Wisconsin.

 

[swalsh411]

While it is certainly not illegal to fire a person for working unauthorized overtime, if you are terminated for refusing to pay back wages for time you already worked (which would be working for free, which is illegal) you may have a case for a bonafide wrongful termination. Sometimes there can be a "public policy" wrongful termination if an employee is terminated for refusing to break the law. You would need to talk to a local employment attorney to see if this is the case.

For now, I would tell your employer that you would like to keep your job, will be more careful in the future to avoid working unauthorized overtime, but will not be returning the wages. You should also mention you will explore your legal options if you are terminated for refusing to work for free.

 

[Beth3]

If you are terminated over this issue, contact Wisconsin's Department of Workforce Development/wage and hour division and file a complaint immediately. Be sure to file for unemployment benefits too.

 

[ESteele]

Follow Beth’s advice about filing an administrative complaint. You may also want to confer with a local employment law attorney to explore whether you can file a breach of public policy lawsuit against your employer.

 

[Betty]

Wi. does recognize a public policy exception to at will employment. -- Wisconsin recognizes the narrow public policy exception that provides employees may not be fired for refusing to perform an act that "violates a clear mandate of public policy."

 

[startedone]

Its 8 hours folks. While legally the OP could have a claim..in reality what would he actually win?

And the headache and annoyance and legal fees could suck his judgment up and end up losing money.

No judge is going to award 50K over 8 hrs....

So my advice is to just pay the dude his $$ and look for a new job. I know its wrong. but its the best advice to give I think

 

[LdiJ]

Its 8 hours folks. While legally the OP could have a claim..in reality what would he actually win?

And the headache and annoyance and legal fees could suck his judgment up and end up losing money.

No judge is going to award 50K over 8 hrs....

So my advice is to just pay the dude his $$ and look for a new job. I know its wrong. but its the best advice to give I think

I disagree...I think that this advice is the WORST advice to give.