I’m on minimum wage, should I be paid overtime?

katel98

My employer doesn’t pay overtime but I am on minimum wage, should I be paid the overtime? 

My basic hours are 37.5 a week and I get paid minimum wage for those hours (paid the same amount monthly). 

I have read that while employers don’t have to pay for overtime, an employees average pay for the total hours worked must not fall below national minimum wage. 

If I work only an extra 30 mins a week this works out that I don’t get paid minimum wage. I often work 2-3 hours overtime with no extra pay or time reimbursed. 

Should I be paid for this and reimbursed for the overtime I have worked over the last few months? 

GeordieGeorge

Yes, you should be paid overtime; it’s a legal requirement if you are on the minimum wage.

Are you certain that you aren’t getting any paid breaks that in effect bump your pay up above the minimum?

ScorpiondeRooftrouser

Firstly, are they asking you to work overtime, and secondly, are you talking about working a 2 hour period on a  single day, or adding up bits and pieces over the course of a week?

Thrugelmir

katel98 said:

I often work 2-3 hours overtime with no extra pay or time reimbursed. 

Why do you work more than your contracted hours?  Are you asked to, or is this voluntary. 

katel98

GeordieGeorge said:

Yes, you should be paid overtime; it’s a legal requirement if you are on the minimum wage.

Are you certain that you aren’t getting any paid breaks that in effect bump your pay up above the minimum?

I don’t have any paid breaks. I have an hours lunch break unpaid. 

katel98

ScorpiondeRooftrouser said:

Firstly, are they asking you to work overtime, and secondly, are you talking about working a 2 hour period on a  single day, or adding up bits and pieces over the course of a week?

It is just expected to work overtime. If it is the weekend which is out of basic work hours then we are asked and only get paid for the weekend if it is more than two hours. 

It can often be 2 hours on a single day, other times over the course of each week it can be two hours. 

katel98

Thrugelmir said:

katel98 said:

I often work 2-3 hours overtime with no extra pay or time reimbursed. 

Why do you work more than your contracted hours?  Are you asked to, or is this voluntary. 

The employer expects us to work unpaid overtime as it says in our contract that ‘overtime is unpaid as the time has been taken account in your salary’. However I don’t believe this would count in my case as they are only paying minimum wage. 

74jax

katel98 said:

Thrugelmir said:

katel98 said:

I often work 2-3 hours overtime with no extra pay or time reimbursed. 

Why do you work more than your contracted hours?  Are you asked to, or is this voluntary. 

The employer expects us to work unpaid overtime as it says in our contract that ‘overtime is unpaid as the time has been taken account in your salary’. However I don’t believe this would count in my case as they are only paying minimum wage. 

In which case it appears to be an error, your line manager might not be aware of isn't taken into account in your salary but is with everyone else.
Are you the only one on nmw? 

Just get your hours together, ask for overtime to be paid or state you'd be happy with toil (if you are).

Going forward at least they know well in advance now, and you will either be asked to leave at the end of your shift or paid.

Of course there's the possibility they could look at replacing you but doubtful as they'd be in the same situation but with an untrained person. Even if this does happen, you are still entitled to the money. 

TELLIT01

It makes no difference to the legal situation, but what sector are you working in?  eg. Retail, Engineering...

prowla

Simple logic:

1. Hourly wage = weekly pay divided by hours worked
2. If hourly wage < minimum wage then it's illegal.
   

GeordieGeorge

katel98 said:

GeordieGeorge said:

Yes, you should be paid overtime; it’s a legal requirement if you are on the minimum wage.

Are you certain that you aren’t getting any paid breaks that in effect bump your pay up above the minimum?

I don’t have any paid breaks. I have an hours lunch break unpaid. 

Then yes, it is illegal to not be paid for your overtime.