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Does my employer have to pay me for overtime that isn’t pre-authorized?

You stayed past your regular work hours to finish up some paperwork. But, when you receive your paycheck, you notice that your boss adjusted your time and the extra pay is not showing up. You ask your boss, and they tell you that all overtime needs pre-authorization.

Most employees are familiar with the concept of overtime – working more than the standard 40-hour workweek. But what happens when you work overtime without prior authorization from your employer? Are you still entitled to be paid for those extra hours? 

Keep reading to find out what the law has to say.

Employees “Suffered or Permitted” to Work

Indiana follows the Fair Labor Standards Act (FLSA) §785.11 which states that work not requested but suffered or permitted” is work time. Furthermore, according to §785.13, it is the duty of management to ensure that work is not performed if they do not want it to be performed.” And, the employer is not allowed to benefit from an employees work without compensating the employee.

Therefore, even if an employee did not specifically get approval to stay over to finish up paperwork or other duties pertaining to their job, the fact remains that it is up to management to know whether or not its employees are working. And, even if they did not approve overtime, the employer still benefited, and the employee deserves compensation.

If you have worked overtime without authorization and your boss will not pay you, you should discuss your employment law case with someone who can help you understand your rights as an employee. Employment law can be complex, and many factors need to be considered to file a successful claim and recover the wages owed to you.