Employers can force you to work overtime as a condition of your employment in most states. Employers in at-will employment states can terminate an employee’s position at any time, as long as they do not violate federal protections, so an employer could choose to fire an employee who refuses to work mandatory overtime.
However, employers cannot physically force you to work more hours than you want, so you should always maintain the option to walk out. However, refusing this order could result in the loss of your job.
You can learn more about overtime laws and how they impact your employment with a Boston wage theft and overtime pay dispute lawyer.
Can Employers Force You to Work Overtime?
In many cases, employers can require you to work overtime if you want to keep your job. Employers have this ability in at-will employment states, where they have the power to fire employees for any reason (aside from reasons that would violate federal protections).
Basically, it’s legal for an employer to order employees to work overtime, with the threat of firing or other repercussions if an employee refuses. Employers cannot use physical force to get employees to work overtime.
Additionally, when employees work overtime, they must receive overtime pay unless they fit into an exempted category. Finally, in some situations, employers cannot require overtime.
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Exceptions to Required Overtime
Employers cannot legally force you to work overtime in some situations. Employers may break the law if they order you to work overtime and:
Forced Overtime Violates Your Employment Contract
Some employers include overtime policies in employee contracts or handbooks. If the company’s polices restrict the use of overtime or prohibit forced overtime, you may have the right to refuse overtime requests. You could even build a claim against your employer for violating these terms if they try to force overtime and punish you for a refusal.
Forced Overtime Represents a Hazard to Your Safety or Health
You do not have to agree to mandatory overtime if it represents a risk to your health or safety, AND it violates the General Duty Clause provided by OSHA (Occupational Safety and Health Administration).
For example, working mandatory overtime could cause you to become dangerously tired, increasing the odds of an accident at work. If you informed your employer of this risk and they disregarded your warning, you may have a chance to file a complaint with OSHA.
Forced Overtime While You Had a Family Emergency
Your employer cannot legally force you to work mandatory overtime if you’re on leave due to a family or medical emergency. You can take up to 12 weeks of unpaid leave every year due to FMLA protections. While out on leave, your employer must maintain your position or an equivalent job.
You do not have to worry about working overtime while taking FMLA leave.
Union Agreements May Prevent Mandatory Overtime
Workers who join a union may receive protection from mandatory overtime in some cases. The terms of your collective bargaining agreement will determine if your employer can force overtime in this situation.
Joining a union may also make it easier for employees to bargain with employers about other work-related issues, including:
- Work conditions
- Wages
- Hours worked
However, it’s important to note that not all union employees receive protections from mandatory overtime.
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How Much Overtime Can Employers Force You to Work?
Regulations on how much overtime employers can require vary because the federal government does not have hard limits on this number. Generally, employers have to give employees at least one day of rest a week and must provide enough time for employees to rest every day.
You can reach out to an attorney to learn more about the specific regulations in your area.
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How Much Pay Should You Get if You’re Forced to Work Overtime?
If your employer requires overtime, they will likely have to pay you time-and-a-half for all the time you put in over 40 hours in a week. However, the government exempts some employees from receiving overtime pay.
Therefore, employers can force some white-collar employees to work overtime without providing additional overtime compensation. In most cases, this exemption applies to salaried employees, but it may also apply to other individuals.
A Boston labor and employment law firm can give you more information about these exemptions and the laws on overtime work in Massachusetts. A lawyer can also answer more questions about whether you can be forced to work overtime.
Talk to Us About Overtime Regulations in Massachusetts
So, can you be forced to work overtime? In many situations, yes, your employer can institute mandatory overtime. However, employers must follow the rules when requesting overtime and pay you appropriately for your work.
If you believe that your employer has violated the law or failed to pay you properly, you can contact our team at Duddy, Goodwin & Pollard for professional assistance. We have years of experience and understand the intricacies of employment law in Massachusetts, so reach out now.
Call or text (860) 999-9394 or complete a Free Case Evaluation form