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Unauthorized overtime: Yes, you must pay for it. But yes, you can still fire someone for it.

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When employees rack up overtime without approval, it doesn’t make them look dedicated – it makes them insubordinate. And as one nurse at a VA hospital just learned, that can sink an age discrimination claim.


TL;DR: The Sixth Circuit affirmed summary judgment for a VA hospital where a nurse repeatedly worked overtime without preapproval despite counseling, a reprimand, and a suspension. The record shows she was paid for the extra hours, but her repeated insubordination torpedoed her ADEA claims. (Separately, as a matter of FLSA compliance, employers must pay for all hours worked, even if unapproved, and then discipline for the rule violation.)

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