Employment Law

Personal Injury

Detailing your right to overtime pay

by | Aug 4, 2017 | Wage And Hour |

Typically, the issue of working overtime in Kansas City may not present that big of a problem considering that working beyond your standard budgeted hours means that you will earn some form of wage incentive. Unfortunately, several of the past clients that we here at Thornberry Brown, LLC have worked with have shared the same assumption, only to later discover that they are paid their normal wages for their extra work. Those who have experienced such a situation usually always have the same question: can an employer do this?

According to the Missouri Department of Labor and Industrial Relations, the answer to that question is a resounding no. It clearly states that for all overtime situations, you must be paid one and one-half times your hourly wage. However, much confusion often exists regarding with constitutes overtime hours.

Say that your average work shift is eight hours. If your employer asks you to stay for an extra hour or two, that added time may not necessarily be considered overtime. Rather, the state considers overtime hours to be any beyond a standard 40-hour work. Thus, if the request to stay late comes at the beginning of your work week, your employer may avoid paying you overtime pay by simply having you go home earlier on another day.

One matter that the law leaves little room for confusion on is whether your employer can ask you to voluntarily waive your right to overtime. Both state and federal law prohibit this, and provide you with the means to file a complaint to recover overtime pay if you are asked to do so.

More information on recovering owed wages can be found by continuing to explore our site.