Overtime Earned, Then Taken Away?
You work for a plumbing and HVAC company and spent last weekend on call, logging twelve extra hours beyond your normal schedule. Now your supervisor is telling you to stay home during regular weekdays so the company doesn’t have to pay overtime. Meanwhile, there’s still plenty of work waiting. This feels unfair and maybe even possibly illegal.
What Counts As Overtime
Under federal law, overtime normally refers to any hours worked beyond 40 in a single workweek for nonexempt employees. Once those hours are worked, they’re usually owed at one and a half times your regular rate (time and a half). Employers can’t erase overtime after the fact just because they now regret the added payroll expense.
Comp Time Versus Overtime Pay
Some employers try to substitute time off later instead of paying overtime wages. In the private sector, this practice is usually not allowed. Comp time is only permitted in limited public sector roles. If you are a private plumbing and HVAC employee, time off doesn’t cancel your right to overtime pay.
Can They Change The Schedule?
Your employer typically has the right to set work schedules going forward. That means they can reduce future hours or even send you home if it’s a slow day. However, changing your schedule doesn’t do away with the overtime hours you’ve already earned during the span of a previous workweek, even if they call the change a tradeoff.
Why The Timing Matters
Overtime is measured by the workweek, not the pay period. If you worked twelve extra hours over the weekend in one workweek, the obligation to pay overtime is already locked in. Sending you home during a later weekday does nothing to change what has already transpired in that earlier workweek.
Being On Call Still Counts
If you were required to be available, respond to calls, or actively perform jobs while on call, that time can also count as hours worked. Many HVAC roles involve real restrictions during on call periods. If this made a meaningful imposition on your personal time, those hours are often payable as well.
Jose Andres Pacheco Cortes, Pexels
What Employers Often Get Wrong
Some employers are under the mistaken impression that they can average hours across weeks or balance overtime by playing games with future time off. That belief is incorrect in most cases. Averaging hours over multiple weeks is prohibited under federal wage laws. Each workweek stands on its own for the purposes of overtime calculations.
Salaried Doesn’t Always Mean Exempt
If your employer argues that you are salaried and thus not entitled to overtime, that claim also deserves scrutiny. Many workers assume that salary means no overtime, but that isn’t true. Only specific duties and pay thresholds create exemption status, and many HVAC technicians don’t qualify.
Jose Andres Pacheco Cortes, Pexels
Staying Home Feels Like A Punishment
Being sent home while work piles up can feel like you’re being penalized for putting in extra effort. While employers can reduce future hours, using scheduling power to avoid paying legally required wages raises red flags. Labor law focuses on protecting wages already earned, not employer convenience.
Document Everything Carefully
Start by gathering your records. Keep time sheets, call logs, texts, emails, and pay stubs that show exactly when you worked and what tasks you performed. Clear documentation strengthens your position if any dispute escalates and helps establish that overtime hours were actually worked.
Get Clarification In Writing
Before escalating, ask your employer to explain their decision in writing. A calm message asking for confirmation of how overtime will be handled can be useful. Written responses often reveal misunderstandings or policy errors that can be pinpointed. This will later serve as evidence if the situation isn’t resolved.
If They Still Refuse To Pay
If your employer refuses to pay overtime, you aren’t required to accept unpaid work. Wage laws protect employees from retaliation for exercising their rights. While confronting the issue can feel a bit risky, labor enforcement agencies take unpaid overtime violations very seriously.
File A Wage Complaint
If informal efforts fail, you have the option of filing a wage complaint with the appropriate labor authority. These agencies look into unpaid overtime claims and can recover back wages on your behalf. Complaints often spur employers to correct payroll mistakes without any further conflict.
Retaliation Is Not Allowed
It is illegal for an employer to punish you for inquiring about overtime pay or filing a complaint. Retaliation can include such measures as: cutting hours; assigning worse shifts; or termination tied to your wage complaint. If such a retaliation occurs, that generates additional legal exposure for the employer.
When Legal Advice Helps
If overtime pay is substantial or your employer doing things like this repeatedly, a consultation with an employment attorney may serve you well. Many of these attorneys offer free or low-cost initial reviews. A brief legal letter can sometimes resolve the issue simply by clarifying the employer’s obligations.
Protect Future Overtime
Going forward, ask for clarity about on-call expectations and/or overtime authorization. Written policies are what help avoid disputes. If overtime approval is required, get confirmation beforehand whenever possible. Clear communication protects both your paycheck and your working relationship.
Budgeting While You Sort This Out
If the missing hours impact your income temporarily, adjust your budget conservatively. Delay any discretionary expenses and prepare for short term income gaps. Overtime disputes can take time to work out, and financial breathing room helps ease your stress while you resolve the issue.
Karolina Grabowska www.kaboompics.com, Pexels
Why Employers Try This Tactic
Some employers push comp time because they don’t understand the law or they hope workers aren’t going to challenge them on what they’re doing. Others do it intentionally to reduce labor costs. Knowing your rights helps keep the playing field level and discourages future wage games.
The Bottom Line On Overtime Rights
If you worked 12 extra hours in a workweek, you are usually entitled to overtime pay. Your boss can change future schedules, but they cannot retroactively erase wages that you’ve already earned. Knowing this distinction puts you in a stronger position to push back with confidence.
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