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Employees are not required to ask for or report overtime in order to be paid for it under the FLSA. It is the employer's responsibility to manage the workplace and the hours worked, not the employee's. Therefore, it is up to an employer to ensure than an employee is not working more hours than scheduled. Additionally, an employee's failure to ask for overtime after it has been worked is not a defense to a claim for overtime compensation. Therefore, if you work overtime and your employer knows or should have known that you were working it, you must be paid for it. There is no exception that your employer is going to be able to claim if they were aware, or should have been aware.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
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