My manager rejected my overtime pay requested and said it needs prior approval. I didn’t realize I’d work this many hours til after. What can I do?

[Anonymous]

I know. I’m so stupid for not getting this approved earlier. But I was so tired last week and just started to reflect on it this week. Anyway I worked an additional 6 hours (I worked technically more, but being generous here…) and she’s saying she can’t pay me for it. We had 3 people out, 3 competent people on-deck, and 1 person who is new but doesn’t lift a finger or take initiative on shit. And we had a huge testing process involved for a go-live event. And I was backup on 2 projects and had several meetings within those days.
im absolutely insulted and feel disgusted by my managers disrespect. What should I do?

[JamesDiaz11]

I'm an HR Consultant and I'd like to help you with this.

First, in every state you are entitled to pay for work performed. The FLSA provisions adopted by the Federal government (including the recent ones) entitle employees to overtime pay regardless of approval, unless your employer requested that you leave and you did not.

Check the employee handbook for the Overtime Provision- this may have a stipulation "when foreseeable, etc." Which should give you an out.

Lastly, depending on what state you're in (especially California) they'll have to pay you the overtime regardless, as they have more progressive labor laws.

Feel free to DM me for more information on this- you should be paid.

[Asker]

Hey thank you! Yeah I did a ton of research and found that it’s illegal to not pay a non exempt employee overtime. Even if not approved in advance. But my employer can also choose to discipline me too.
So basically what I read is I’m supposed to 100% get the money for hours earned. BUT still face the chance of getting disciplined for not seeking prior approval due to company policy.

[JamesDiaz11]

Sure they CAN discipline you, but it sounds like they're understaffed; so, they'd be stupid to give you cause to leave- let alone cut you. With any proper write up you should have a discussion with HR- add a note for the write up- and possibly include a plan on when the write up is considered old/ void (i. e. not to be used in consideration of future discipline).
Glad we got this figured out- and don't be afraid to say you're willing to file a complaint with the Department of Labor if they push it: www.dol.gov/agencies/whd/contact/complaints
They're the agency charged with enforcing the FLSA, and as mentioned there have several recent labor-friendly additions to the OT pay issue.

[KrakenAttackin]

Update your resume and start looking for another job. Don't burn bridges, just leave.

[Asker]

I am already. She’s a fucking bitch. She’s disrespected me in multiple ways already and this is the final straw.

[KrakenAttackin]

Asker. The old adage is true, people quit their manager not their job.

[Asker]

Half my team has resigned since I started.
She has a strong preference for Chinese people. I’m a white woman so I know that’s a factor in her bias.

[Smoke-n-Growls]

If you're part of a union, reach out for support.

If you're not, a few options are:
- ask about time in lieu (maybe you can get 6h off work at some point, but still be paid)
- how to estimate overtime requirements
- ask your competent coworkers how they manage overtime asks.

But ultimately, you might be shit out of luck by your own mistake. Double check your employment contract for the clause - if it's there, this is unfortunately entirely on you.

Take the L, learn from your mistakes, and never work overtime without approval. If that means your go live suffers, your go live suffers. If they don't allow you overtime, you simply cannot work it. 🤷🏽

[Asker]

Thanks for the input. I don’t think it was about managing time or not. We simply had multiple people out, the huge event, and I was backup on 2 projects. And a huge report due that week which took long to compile and there wasn’t a ton of clear communication on what to do for it.

[Asker]

So just saying it’s not that I couldn’t manage my work or time. There was just an exception ie more work to be done and more people out. Plus helping a coworker who’s incompetent and I had to do her tasks for her.

[Smoke-n-Growls]

But you didn't ask your boss if you can work overtime. That's your mistake.

And it is still an error in time management, but it may not have been your role to properly estimate that time.

But accounting for team members' vacations, a big event, and that you have other projects is all part of estimating effort.

A good rule of thumb is take your first estimate and multiply by 1.5 - give yourself a buffer. Honestly the best advice from my previous Project Manager.

[Asker]

@smoke-n-growls even if I asked for overtime she wouldn’t have approved it though. She’s super greedy and only cares about money.

[Anonymous]

Whether or not it is strictly illegal not to pay you overtime is highly dependent on the job you are doing, your state laws, how much money you are making per week if on salary, and a couple other things. If you really want to look into it, find out the qualifications for needing to be paid within the rules of the Fair Labor Standards Act.

[Asker]

I looked it up and it is illegal. So she’d have to pay me. But she can also discipline me. Whatever I’m looking for new jobs anyway. She is a bitch.

[Emanon25]

You should’ve told him before

[Asker]

I know. But here’s the catch! She wouldn’t have rejected it anyway. She told me her practice is to not approve overtime unless it’s a special event. But never really stated when. I thought it was normal to work extra hours without pay, at this point.
She’s so fucking greedy.

[Asker]

Would have** rejected my request anyway.

[Emanon25]

Talk again to her and tell her next time I’ll ask for an approval before Doo overtime.

[Asker]

I get it. I still think she would have rejected it though. She’s a slime ball.

[Asker]

all she cares about is money. She converted this one guy contractor after bonus season so he wouldn’t get a bonus.

[Emanon25]

She’s not a good manager tho, good managers should encourage employees to move forward not to put them down.

[Asker]

She has talked trash about me to a guy friend I have at work and he showed me the messages. And I cried. And she knows another guy on my team was harassing me and now he’s resigning for a new job, but she still encouraged him (at our team meeting) to come back any time he wants if he wants a job again.
She didn’t want to convert a black guy on my team to full time position and claimed it was because he makes “so many mistakes” and is “overconfident in himself.” Yet he built several amazing coding scripts and the onboarding guide for our team and worked late night hours without pay too.

[Emanon25]

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