Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

Informed employers know they must pay nonexempt employees for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for the time, but they may discipline the worker for violating company policy or not following directions. A recent case from the U.S. 10th Circuit Court of Appeals (whose rulings apply to all Oklahoma employers) provides an example of how employers should tread carefully in such situations.

Policies, exceptions, and unclear communications

David Betts alleged his former employer, Work Zone Traffic Control, retaliated against him for asking about unpaid overtime in violation of the Fair Labor Standards Act (FLSA). As a traffic control supervisor, his duties included driving to road construction sites, loading and unloading signage and equipment, and placing them at jobsites according to written traffic control plans.

As stated in its company policy, Work Zone wouldn't compensate employees for time spent driving to their initial job or leaving their final site. An exception to the policy, however, stated the company would pay employees for time spent driving to and from jobsites if they were carrying equipment that was more than a few traffic cones or signs.

During one workweek in June 2016, Betts claimed 92 hours of pay, including 52 hours of overtime pay. This prompted Work Zone to review his timesheets and conclude he was claiming pay for driving to and from his assigned jobsites. As a result, it didn't pay for 15 hours of overtime.