Unauthorized Overtime Work

It is very common for employers to claim that any overtime worked was not previously approved and was therefore unauthorized. However, that argument is a losing one for employers. As long as the employer knows the overtime work was performed, it must pay the overtime wages. Pforr v. Food Lion, Inc., 851 F.2d 106 (4th Cir. 1988). The employer can always tell the employee to stop working and leave the factory or office so that overtime is not worked. However, if the employer permits the employee to work the overtime, it cannot complain that the work was unauthorized and must pay the overtime wages. Gulf King Shrimp v. Wirtz, 407 F.2d 508 (5th Cir. 1969).