• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Forced Overtime?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

O

OTed2Death

Guest
My manager told me that I must work at least 2 overtime days a month (a total of 25 hours). As of October 10th I have worked over 260 hours of overtime. I work in Connecticut. Some of my co-workers don't work overtime. What can my employer do to me if I refuse to work overtime?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Here are a couple of questions and answers that may be helpful. Also, check out www.eeoc.gov


CAN AN EMPLOYER FIRE A WORKER THAT REFUSES TO WORK ON HIS SCHEDULED DAY OFF? MY BOSS SAID MY REFUSAL IS AN ACT OF INSUBORDINATION.
Most people are employees at will and have no employment contracts or union contracts that protect them. That means that a boss can fire them at will for any legal reason (that carves out such things such as race, color, creed, etc.) or no reason at all. If there is an employment contract, or a union, that's different.

Most bosses aren't stupid enough to do random firings as it can be horrible for morale. Also, most large companies have rules that their local managers are told to comply with, that are designed to prevent arbitrary firings as senior managements know that it is bad for business long term. But insubordination is always one ground that is open. You can comply or appeal to higher management, but if push comes to shove, you'd probably be out, not the boss.

A boss has to look after the needs of the business first. If there is a real need for you to be there on what was a scheduled day off, and there is no real hardship or very strong reason why you couldn't shift your schedule once in a while (like you are getting married on the day the boss wants you to work, or attending an out of town event with non-refundable plane tickets) but you are unwilling to be flexible, you could be history.

CAN MY BOSS DICTATE -WHENEVER THE MOOD STRIKES HIM - WHEN HIS WORKERS TAKE A BREAK?
Yes, your employer can tell you where and when you can eat and drink on the job. In a majority of states, generally, employers must grant rest periods at the rate of 10 minutes of rest time for every four hours or major fraction thereof worked. However, no rest period is necessary if total daily work time is less than three and one-half hours. No deduction from wages may be made for authorized rest time. Insofar as practicable, a rest period must be in the middle of each work period. If you belong to a union, your shop representative will be able to give you the answer. If not, ask the company's HR department. Any further questions can be directed to your state's Department of Labor or Department of Employment.

"With the exception of the broadcasting and motion picture industries, the rule for meal periods is that no person may be employed for a work period of more than five hours without a meal period of not less than 30 minutes. However, the meal period may be waived by mutual consent if a work period of not more than six hours will complete the day's work. Unless the employee is completely relieved of duty, the meal period must be considered time worked. Also, if employees must eat on the premises, a suitable place for that purpose must be designated."

Go to the site below and type in overtime. http://www.eeoc.gov/search.html
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top