Is it illegal to make your employees work over 40 hours and not pay overtime?

where are you?

are you an exempt employee?

do you take a lunch break?

there are numerous jobs that are exempt from overtime, there are numerous employers who are exempt from all or most labor laws

SO

there is no way to give you a definitive answer but IF you are in the US it is perfectly legal to make an exempt employee work more then 40 hours a week without paying overtime, however it is generally NOT legal to deduct an exempt employees wages for sick days, it is perfectly legal to deduct for personal days....

there are also numerous jobs where the employees are paid on a salary basis AND do get paid overtime as well..... almost all assistant managers in retail and food service are paid a salary and are paid overtime..... assistants do NOT qualify as exempt in MOST businesses.....

to help you determine if you are exempt, and how you should be paid there are a number of fact sheets. these are for federal law (FLSA) which does NOT cover all businesses but most states have similar laws that apply to employers who are not covered by FLSA....

http://www.dol.gov/whd/regs/compliance/fairpay/fs1...

http://www.dol.gov/whd/regs/compliance/fairpay/fs1...

http://www.dol.gov/compliance/guide/minwage.htm

for FLSA coverage:

http://www.dol.gov/whd/regs/compliance/whdfs14.pdf

There are some situations in which overtime pay is not required, such as if the business is family-owned or seasonal. In those situations, however, straight-time hourly pay is still required for hours over 40. If the company does not qualify for an exception, it may be breaking labor laws and wage and hour laws by not paying time and half overtime pay for hours above 40. Without having seen the agreement that the employees signed, it's difficult to know what weight it would have, but it probably is meaningless and doesn't do anything to relieve the employer of its need to pay overtime. The employer could be facing government fines and it may owe backpay to employees who have worked over 40 hours per week. If I were the employee, I'd get a lawyer and try to get paid for my work. If I were the employer, I'd get a lawyer and try to find a way to save myself from lots of legal trouble.

In the US, that is probably illegal.

You are either an exempt employee (on salary) or a non-exempt employee.

If you are hourly, you get paid overtime for anything over 40 hours per work week. It doesn't matter how they pay you, it's 40 hours per work week. If you get paid every two work weeks and you work 42 hours the first week and 30 hours the second week, you will get 70 hours at regular pay and 2 hours overtime. That is federal law.

If you are exempt (salaried) you get paid the same each pay period regardless of the hours you work.

There are different state laws which might apply.

You can find out with a phone call or visit to your state's Department of Labor.

I suspect your employer is cheating.

There are two types of salaried, exempt and non-exempt - this has nothing to do with exempt on your W-4. There are laws that say which you are. If you're salaried exempt, then you can be forced to work over 40 hours and not get extra pay for it. Salaried exempt you couldn't be docked for coming in late (although you could be fired) or for leaving early, but you would still be docked for missing an entire day. If you are salaried non-exempt, you still get paid, at time and a half, for hours worked over 40 in a week.

Salaried exempt is generally managers or highly paid professionals. Without a clue on what your job is, no way to say which you are..

in the U.S it is illegal

only if you are an hourly employee

salary employees they are still sopose to base your week on a 40 hour week, but have much more flexability getting around any overtime pay.

It sounds suspiciously as if your boss is only trying to get around paying for overtime by calling you salaried when you're not. You don't have to pay salaried employees overtime, but there are limits on what you can do. Docking the sick pay is very problematic. Contact your state Labor Department & see what they say.

Good luck & God bless.

Every company who recruit employees has some of their own rules and regulations. In general, if some one work more than his scheduled time he must be paid for that. If some one is punished for sickness, he should be awarded for overtime works.

It is illegal & you may brought up this case to the labour court.

Illegal. Report him to whatever agency is responsible anonymously, maybe they will contact him about it and he will get a scare and pay the correct wage.

YES,IT IS ILLEGAL