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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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My employer hasnt paid me for the overtime I have worked.

Customer Question

My employer hasn't paid me for the overtime I have worked. Atleast 15 hours a week. I asked yesterday when I would get paid for these hours and was told they pay for 40 hours. I've been unemployed since last Nov. until this Oct. when I went to work for this company. I am now not doing office work. They say there is nothing to do. So I have to find things. If he does pay me do I would have to still work cause I can't get unemployment if I quit and I don't know if I have enough time in to even be able to collect unemployment. I'm afraid of being blackballed and being fired for not working. Then I wouldn't be able to file unemployment. Do I have rights to quit and collect unemployment?
Submitted: 6 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 6 years ago.

Thank you for using JustAnswer!


What is your occupation? What do you do for a living?

Customer: replied 6 years ago.
I am working in a wholesale warehouse. I was hired for purchasing and ordering. I used to be a server. Desperate for a job
Expert:  JB Umphrey replied 6 years ago.
How many employees do you supervise?
Customer: replied 6 years ago.
I don't supervise. I am 1 of 3 that are doing the same job
Expert:  JB Umphrey replied 6 years ago.
What state do you work in?
Customer: replied 6 years ago.



Expert:  JB Umphrey replied 6 years ago.

You can contact and file a complaint with the Wage and Hour Division of the U.S. Department of Labor. You need to indicate to them that you have not been paid overtime in violation of the Fair Labor Standards Act.


I am not sure what part of FLA you are in but you can find your local office here:


From the facts that you describe, if you quit your job, you may be denied unemployment. However, your employer cannot fire you in retaliation for filing a complaint with the Labor Department.


Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!