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The Fair Labor Standards Act requires employers to pay covered nonexempt workers overtime pay at a rate not less than one and one-half times the regular rate of pay after 40 hours of work in a workweek. So what happens when employees claim not to receive premium overtime pay despite working more than 40 hours in a workweek?
For starters, employees have the burden of proving that they actually worked more than 40 hours. And an employee’s conclusory statements without any supporting facts won’t cut it.
For example, in this recent Sixth Circuit decision, a postal worker thought that
