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Originally Posted by gar1976
If you want a nice reference, you'll keep your mouth shut and eat the five hours.
If, however, you don't need the reference go for it.
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He has a very valid point. The issue of the money may not be the issue.
As far as the actual legality, the general rule in the US has been that if the hours are worked, unless you are an "exempt" salaried employee, the overtime must be paid. "Exempt" generally is for "white collar" employees and generally would suggest a college diploma has been earned.
Recent legislation by the US government has forced some states to update their overtime rules, while some have even stricter rules in place. I haven't gotten to in depth on the new rules because the states I interact with generally are stricter than the US rules. (NJ specifically says that if an employee doesn't have a college diploma, you must pay them overtime over 40 hours, regardless of their position.)
Bottom line: yes, you are most likely due the overtime. Yes, you will most likely be paid the OT. If you have any concerns about making waves, ask the boss and tell him you just want to do a good job, but not at the cost of throwing him off budget. Ask for his advice, he will give it to you.