Is an employer obligated to pay overtime even if the employee does not make a claim?
MultiRegion, United States of America
The following excerpt is from Loeza v. JP Morgan Chase Bank Na, Civil No. 13-cv-95-L(BGS) (S.D. Cal. 2014):
"[A]n employer who knows or should have known that an employee is or was working overtime is obligated to pay overtime ... even if the employee does not make a claim for the overtime compensation." Lindow v. United States, 738 F.2d 1057, 1060-61 (9th Cir.1984) (internal quotation marks and citation omitted). "However, where an employer has no
Page 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does an employer's favorable treatment of "Asian employees" in hiring new employees answer to a claim of discrimination based on national origin? (MultiRegion, United States of America)
Does an employer need to make clear to employees that the employer will have the final determination of employee benefits decisions? (MultiRegion, United States of America)
Does Section 6672 of the Federal Tax Code require an employer to withhold withholding from an employee, even if the employer pays withholding taxes to the employee? (MultiRegion, United States of America)
Can an employer refuse to reemploy an employee on the basis that another employee was hired to fill the position during the employee's absence? (MultiRegion, United States of America)
Can an employer use extortion to replace a non-unionized employee with a unionized employee? (MultiRegion, United States of America)
Does the difference between the employer and the employee when it comes to determining whether the advantage accrued primarily to the employer or the worker? (Canada (Federal), Canada)
What is the legal basis for dismissal of an employee on the basis that the employee has a valid claim to be entitled to leave? (MultiRegion, United States of America)
What is the statute of limitations on a claim brought by an employee against an employee welfare fund? (MultiRegion, United States of America)
How have courts dealt with sexual harassment claims against a blind employee who was sexually harassed by her employer? (MultiRegion, United States of America)
What obligation does an employer have to accommodate an employee's religious beliefs? (Canada (Federal), Canada)
