When an employee is working overtime and the employer knows the employee is working overtime, the employer is required to pay the overtime to the employee that he or she has earned.
Here's a helpful rule from a recent decision, Craig v. Bridges Brothers Trucking, by the Sixth Circuit Court of Appeals, which covers Kentucky:
if an "employer knows or has reason to believe" that an employee "is continuing to work" in excess of forty hours a week, "the time is working time" and must be compensated at time-and-a-half, even if the extra work performed was "not requested" or even officially prohibited.
That's the standard: if an employer has reason to believe an employee is working overtime, the employee must be paid overtime. This is true even if there is a rule by the employer that prohibits overtime.
Lexington, Kentucky overtime lawyer Robert Abell helps employees and individuals recover the overtime they've earned but not been paid; contact him at 859-254-7076.
