Approval for Overtime Hours

Q.  If an organization requires written approval for overtime hours (in policy and practice) and a non-exempt employee works overtime with out receiving such approval, is the organization still liable for overtime pay?

A.  Yes. Non-exempt employees who work overtime—that is, more than 40 hours per week—are legally entitled to overtime pay. However, such employees may otherwise be subject to disciplinary action for violating the employer’s directions about mandatory approval for overtime hours. In such event, an employer should diligently avoid any actions that could be construed as illegal retaliation for the employee’s overtime claim. Further investigation, employee and supervisory training, and related documentation thus may be appropriate in connection with such issues.

This Q&A is from the Answering Your Overtime Questions for Churches and Ministries, written by attorney Sally Wagenmaker, Wagenmaker & Oberly, Chicago and Charleston. This ebook has been published by ECFA.


This text is provided with the understanding that ECFA is not rendering legal, accounting, or other professional advice or service. Professional advice on specific issues should be sought from an accountant, lawyer, or other professional.

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