Guide to compulsory overtime: Can employees be forced to work long hours?

Most business owners don't want to ask their employees to work overtime, but sometimes it's necessary when the unexpected happens. To avoid any misunderstanding between you and your team, it is important to answer the question: Is compulsory overtime legal?

If you are an employee who is unaware of compulsory overtime laws, you may think that you may refuse to work overtime due to labor regulations prohibiting compulsory overtime.

On the other hand, maybe you're a busy employer who can't convince employees to work overtime. You're not familiar with mandatory overtime and you think your hands are legally tied.

The fact is, employers can force employees to work overtime, and employees can be fired for refusing to work forced overtime. But there are, of course, federal agencies tasked with regulating work and overtime — and there are ways to prevent mandatory overtime as much as possible.

So, let's discuss what mandatory overtime is and what it means for employers and employees.

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Remember that this information does not constitute legal advice. When in doubt, always consult an employment law attorney for your specific questions about employment law compliance and its implications.

What is compulsory overtime?

Compulsory overtime occurs when employers require hourly paid employees to work more than 40 hours in a work week. The FLSA (Fair Labor Standards Act) requires employers to pay their employees time and a half, or 1.5 times, their hourly wage for each overtime hour. Overtime exemptions exist for employees who receive a fixed salary of at least $684 per week and whose duties meet the criteria for executive, administrative or professional duties described in the RSA.

Is compulsory overtime legal?

Yes, compulsory overtime is legal and, in general, employees cannot refuse to work overtime. The FLSA does not limit the number of overtime hours an employee can work - it only states that employers must pay minimum wage for regular hours and overtime rates when an employee works more than 40 hours a day. week.

There are, however, a few cases where employers cannot legally impose forced overtime. Let's look at some examples.

Not if it violates the terms of an employment contract

If an employer clearly outlines their overtime and non-hours policies in an employment contract or contract handbook and violates those terms, an employee may be entitled to damages for breach of contract.

Remember: While employers often require administrative, managerial, and professional employees to sign employment contracts, it is more common to require an hourly-paid employee to read and sign a workbook. the employee.

Employers can, however, implement employment contracts for hourly workers, and they can also use binding contract language in their employee handbooks with a legal clause at the end for an employee to sign. It is important for employers and employees to pay attention to the legal nature of their employment contract, especially with regard to overtime.

Not if it poses a health or safety hazard

Compulsory overtime is illegal if it poses a health or safety risk and clearly violates OSHA's (Occupational Safety and Health Administration) General Duty Clause.

OSHA may cite an...