Can my employer refuse to pay me for overtime?

Updated:

7/16/2025

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    Can My Employer Refuse to Pay Me for Overtime?

    If you’re wondering can my employer refuse to pay me for overtime, you’re not alone. Many Ohio workers, especially in hourly, blue-collar roles, find themselves clocking extra hours without the compensation they’re legally owed. Understanding your rights under both federal and Ohio law is the first step toward protecting yourself.

    Can My Employer Refuse to Pay Me for Overtime Under the Law?

    In most cases, the answer is no. Under the Fair Labor Standards Act (FLSA), eligible employees must receive 1.5 times their regular rate for all hours worked over 40 in a single workweek. This federal law applies to most hourly workers and even some salaried employees, depending on their job duties and income.

    Ohio follows the FLSA closely, meaning if your employer is covered by the FLSA, they are also subject to Ohio’s overtime rules. Employers who refuse to pay overtime wages may be violating both state and federal law.

    What If I’m a Salaried Employee?

    Many salaried workers mistakenly believe they aren’t entitled to overtime. But job title alone doesn’t determine exemption. Even if you’re salaried, if your duties don’t meet the criteria for “exempt” status under the FLSA, you may still qualify for overtime pay. Ohio workers in fields like healthcare, maintenance, food service, or construction should take a closer look at how they’re classified.

    Signs Your Employer May Be Illegally Avoiding Overtime

    If you’re asking “can my employer refuse to pay me for overtime,” watch for these red flags:

    • You’re regularly working over 40 hours without extra pay

    • You’re being told to work “off the clock” before or after shifts

    • You’re misclassified as an independent contractor or salaried exempt

    • Your employer alters your time records to hide overtime

    • You’re denied overtime because of “company policy”

    None of these practices automatically make overtime refusal legal. Courts look at the actual work performed, not company labels or policies.

    What Can I Do If I’m Denied Overtime Pay?

    If you believe you’ve been wrongly denied overtime, you may be able to recover unpaid overtime going back up to three years, plus additional damages in some cases. Employment lawyers can help you determine if you have a valid claim and how much you might be owed.

    Many employers settle these claims once challenged, especially if other workers are affected. In some cases, you could even trigger a class or collective action on behalf of others.

    Contact Coffman Legal for a Free Consultation

    Not being paid overtime is a serious wage violation, and you don’t have to accept it. If you’re asking can my employer refuse to pay me for overtime, it’s time to take action. Contact Coffman Legal today for a free, confidential consultation with an experienced Ohio employment lawyer. You may be entitled to recover what you’re owed.

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