If an Employee Works Unauthorized Overtime, is the Employer still Obligated to Pay for it?
Yes, New York law requires that employers pay overtime, whether authorized or not. The overtime rate must be one and one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek.
An employer, however, can discipline an employee if he or she violates the employer's policy of working overtime without the required authorization. So the bottom line is that you must be paid overtime even if your company did not approve it. But, your company can discipline you for doing this.