(Closed) Mandatory overtime every week? (48 hour work week)

posted 3 years ago in Legal
  • poll: Can you be required to work 48 hours a week or be fired?

    Yes in all 50 states

    Yes in right to work states

    No in all 50 states

    No in some states: See comments

  • Post # 2
    Member
    47337 posts
    Honey Beekeeper
    • Wedding: November 1999

    View original reply
    herrera2016 :  Have you looked at the Labor Code where you live?

    Post # 3
    Member
    9763 posts
    Buzzing Beekeeper
    • Wedding: August 2012

    Depends on the state. Here they can require it but they have to pay you time and a half.

    Post # 4
    Member
    1348 posts
    Bumble bee

    It’s allowed, but if you are an hourly employee they must pay you time and a half for those 8 hours.

    Post # 5
    Member
    928 posts
    Busy bee

    I have the same problem. When they told us we had to work mandatory overtime, I checked our policies and sure enough it indicates that if your management feels overtime is needed you are expected to work as needed and if you refuse, corrective action may be taken.

    Post # 6
    Member
    862 posts
    Busy bee
    • Wedding: March 2010

    i’m not sure what all this covers, but i found this on the DOL’s site:

    The Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA.

    Source: http://webapps.dol.gov/elaws/faq/esa/flsa/014.htm 

    and this.. 

    There is no limit in the [Fair Labor Standards] Act on the number of hours employees aged 16 and older may work in any workweek.

    source: https://www.dol.gov/whd/overtime_pay.htm

    but it also states any hours worked over 40 a week must count as overtime. i’m not sure if everyone abides by that? so now i’m curious if every employer has to abide by the DOL rules?

    i dunno if that helps. i’ll post other stuff as i find it 

    edited for a typo.. 

    Post # 9
    Member
    890 posts
    Busy bee
    • Wedding: June 2017

    It may depend on if you are paid hourly or are a salaried employee. Fiance is salaried and often works 10.5 hr days. There is no overtime for him.

    Post # 10
    Member
    5085 posts
    Bee Keeper
    • Wedding: December 2014

     As far as I can tell, yes an employer can require that you work overtime, at least in the US, under federal law (see PP). In most cases for hourly workers, you must be compensated with overtime pay. There may be some jurisdictions where the laws are different, though I can’t find any examples of anywhere where mandatory overtime is outright illegal. There may be some states that limit the total hours (though I doubt 48 would reach that limit) and other states that may limit the number of hours per day for certain jobs (like manual labor) as well as the number of days in a row that can be worked. I saw in CA that you can refuse overtime if you worked more than 72 hours the previous week, for example. There may also be certain professions where manditory overtime may not be allowed in certain states, though I would venture to guess that this would not apply to office jobs. Collective bargaining agreements may also forbid manditory overtime for union workers.  

    Overall, given the situation presented, 48 hours in an office job, I would say that the vast majority, if not all, states would say that was legal. 

    Post # 11
    Member
    731 posts
    Busy bee
    • Wedding: August 2016

    View original reply
    herrera2016 :  

    Is the overtime bothering you or the pay? If you are salary and exempt, this is legal but not nice, and they don’t have to pay you.

    It seems like your peeved about only having one day off. Bee, it’s time to find a new job. Even if you attempted to fight this legally, you would s need a new job.

    The best thing you can do is try to convert to hourly/non exempt. They would have to pay you time and a half, and it gets expenisve. At that point people usually just hire another employee.

    A lot of details though can vary by job or industry. You could work in an office in a medial field, and 30 hr shifts are now legal for medical residents. Sometimes if you make under a certain amount you’ll need to get overtime pay anyway even if u r exempt, so call the labor board. You can find the number in your phone book. It’s usually with the other social services in a specially colored tab in the front. There are just too many scenarios bee!

    Post # 12
    Member
    1998 posts
    Buzzing bee

    For a typical office job, yes. Salary/hourly will affect whether you get paid additionally or not.

    Post # 14
    Member
    5085 posts
    Bee Keeper
    • Wedding: December 2014

    View original reply
    herrera2016 :  Just wait it out and see what happens, things are often not as bad as the rumor mill makes them out to be. If it turns out that it’s all true and your Darling Husband is miserable with it, then he can look for another job. Just as a side note though, many jobs require that you work Christmas Eve unless you take it as vacation time, as it’s not a federal holiday, so keep that in mind. My husband will be working and I would be too if it weren’t a Saturday this year. 

    Post # 15
    Member
    9416 posts
    Buzzing Beekeeper
    • Wedding: July 2016

    I’m with SithLady–don’t jump ship until something official is announced.  People love to make up crazy rumors.

    Still, it never hurts to have your resume brushed up and ready to circulate.

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