If I Work Unapproved Overtime, Am I Still Entitled to Overtime Pay?

People call and ask this question all of the time. We always tell them that yes, your employer does have to pay you overtime even if they did not approve it.

Federal and state labor law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours per week.  In some states, overtime rates apply to all hours worked over 8 in a day and require double pay for each hour worked over 12 in a day.  

An employer can discipline an employee if he or she violates the employer's policy of working overtime without the required authorization. However, the wage and hour laws require that the employee be compensated for any hours he or she is "suffered or permitted to work, whether or not required to do so." Case law holds that "suffer or permit" means work the employer knew or should have known about. Thus, an employee cannot deliberately prevent the employer from obtaining knowledge of the unauthorized overtime worked, and come back later to claim recovery. The employer must have the opportunity to obey the law.