Whether or not approval is sought, if an employer knows that more than 8 hours a day were worked by an employee for a total of more than 40 hours in a workweek, that employer is required to pay overtime.
Compensatory time (“comp time”) is applicable to government employees and cannot be substituted for overtime pay. The FLSA generally does not permit “comp time” to be substituted for cash in overtime cases.
Most commonly, an independent contractor is a person who works for more than one company at a time and fully controls her own work. Generally, independent contractors are not employees of any one company and are not entitled to overtime pay.
Generally, salaried employees are due overtime pay. There are several exceptions to this rule, including commissioned sales employees, computer programmers, executive, administrative, professional or outside sales employees, physicians, truck drivers and union employees (with certain restrictions), all of whom are generally exempt from overtime pay
An employer is held responsible for her employee’s actions, regardless of whether or not the employer knew what the employee was doing. Employers must keep detailed time records. An employer can be liable even without actual knowledge of the work being performed because employers are able and have a reasonable opportunity and duty to inquire as to what the employee is doing after hours at work. But if the employee hides her actions from the employer, the employer may not have to pay overtime.