Can they make me bank my overtime?

I am hourly employee. Instead of paying overtime for hours over 40 a week, my boss is making us bank any hours over 40 to be used at a later date. Can he do that?

Posted  10-10-2012

Ann Kiernan replies:

No! Federal law requires overtime to be paid at the same time as regular wages. You may want to contact a local wage and hour office for help in collecting what is due to you. Good luck.


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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.