Can you be made to donate overtime pay back to a company even if you are an exempt employee who usually gets paid overtime?

Asked 6 months ago - Loganville, GA

My husband is an exempt employee but has always received pay for overtime hours. On Monday his company said that they must donate their overtime in order to make up for admin hours when business was slow and they had no project for him to bill his time to. His original employment letter states that he is exempt but that there are projects that he can receive overtime pay for. Last week he was paid overtime and this week, on the same project, he cannot. Can they do this?

Attorney answers (1)

  1. Randy Jay Harvey


    Contributor Level 15

    Answered . In the majority of states it is illegal for an employer to require an employee to kick wages back to the employer. You should either contact an employment attorney in your are (you can find one here on AVVO) or you should contact your state labor department.
    Best of luck!

    NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as... more

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