An employer cannot force an employee to work overtime, except in the rarest of circumstances. Of course, employees can agree to work overtime.

Overtime does not have to be authorized in order to be compensable

If an employee legitimately works overtime, they are entitled to the appropriate pay or time off in lieu thereof. An employer cannot take the position the overtime was not authorized and refuse to pay for it. However, it’s advisable to put a policy in place stating all overtime must be authorized. While the employer cannot refuse to pay for unauthorized overtime, it can discipline the employee for breaching that policy. Discipline can include dismissal in appropriate circumstances. This should discourage employees from working overtime without obtaining prior approval.

Check exemptions carefully

By default, all employees are entitled to overtime pay or time off in lieu thereof. However, certain categories of workers are exempt. Contrary to popular opinion, this has nothing to do with how an individual is paid.