Mandatory overtime

[Jennyinoregon]

What is the name of your state? Oregon

My husband is an EMT with a local private ambulance company. When he was hired he signed a contract that included a clause for mandatory overtime. He is more than willing to work the overtime if he was paid for it. Let me elaborate, he works 4 days, 10 hours a day. The first 3 days he works for the week, they will work him 1-3 hours overtime each day, and then on the 4th day they send him home early so they don’t have to pay him the time and a half for working over 40 hours. Also, 90% of the time they won’t break him for lunch till after 7-8 hours into his shift. He also never gets the regular required 15 minute breaks and if he refuses to work overtime, its grounds for immediate termination. Can they do the overtime thing? I mean geez the guy works for 14 hours, 1 20 minute lunch break then they send him home early at the end of the week when he reaches 40 hours and he never gets compensated for it. What are your thoughts?

 

[cbg]

Not having read the contract, I can't address what is in it. Also, I don't mean this to be offensive or to imply that you don't know what you're talking about, but are you sure it's a contract? A number of people assume that an offer letter or a less formal agreement is a contract when in fact, it is not.

I can, however, address your concerns with respect to Federal and Oregon law:

Overtime: Under neither Federal nor Oregon law is he due overtime if he works 40 hours or less in a week, no matter how many hours in a day he works. Overtime in Oregon is based on how many hours in a week, not on how many hours in a day. In fact, the Oregon state web site specifically states that in most cases, even if an employee works 24 hours in a day they are not due overtime unless their total hours for the week exceeds 40. There are some industry specific exceptions but they do not apply here. It IS perfectly legal for them to fire him for refusing mandatory overtime.

Breaks:

Federal law does not require that any employee receive breaks. However, Oregon state law requires that a 30 minute meal break be provided when the work period is over 6 hours and a ten (not fifteen - the required 15 minute break is a myth) minute break provided for every four hours of work. These breaks are absolutely mandatory under state law - they cannot be waived or moved even if the employee would prefer to waive or move them. There is a certain amount of flexibility to when they are offered, but there are time frames and it does appear that the employer is violating them. It's up to your husband if this is the hill he wants to die on. If it is, he can report the violations to the state department of labor. NOTE: It is illegal for them to fire him for reporting violations to the governing state agency. However, that would not prevent them for firing him over something else - like refusing mandatory overtime.

 

[Jennyinoregon]

Thanks for the info, my hubby gave me more info. There is NO contract, just when you sign for the employee handbook you are agreeing to what ever is in that handbook. The handbook says that they require the OT. No problem, however it says nothing about breaks and lunches. My husband is told by the owner that if they have time for him to take a quick lunch they will let him know if not he will have to wait till he gets home. When he questioned the Oregon State laws, the owner says it doesnt apply to them because of the nature of the business. Again thanks for the info!

 

[cbg]

There are a few types of businesses that are exempted from the break laws - to find out if your husband's is one of them you can check with the OR DOL.