Ask HR: Can I deny OT for lack of work done?

Dear HR:

Can I deny paying overtime if there’s no evidence of work being done?


HR Answer:

No, overtime must be paid even if it hasn’t been authorized in advance. You can discipline employees that violate your policy by working overtime without required authorization. You can also discipline your employee for poor performance based on the (lack of) quantity or quality of work accomplished.

However, wage and hour laws require that you compensate the employee for all hours the employee actually works, even if you didn’t authorize it. If you have reason to believe the employee is acting fraudulently, you should address your concerns with your employee immediately to avoid further losses. You can also consider reducing the employee’s hours until performance is in line with your standards.

If you would like assistance with current wage and hour laws, or have questions about other employment issues, please feel free to contact Cardinal.