Employees often wonder if they have to say ‘yes’ when asked to work overtime. What happens if you have other obligations or do not want to work extra hours? Can an employee be forced to work overtime?
Can my employer force me to work overtime?
In many cases, the answer is yes. Federal overtime laws say that as long as you get the right rate, there is no limit to mandatory overtime for employees aged 16 and over. In fact, some jobs require an employee to appear overtime when asked to do so and refusal is a firearm. This is common in industries where workloads may increase at certain times of the year, such as winter holidays in warehouses, retail, and shipping.
In addition, FLSA does not require overtime pay on weekends, holidays or regular rest days, unless you have already worked 40 hours. There are states that offer a more employee-friendly legal approach to mandatory overtime. Therefore, you may need to check the overtime rules in your country to see what restrictions (if any) apply in your country regarding extra working hours. There is, however, an important exception to this rule.
What circumstances limit the mandatory overtime?
Some groups are protected from an open approach to forced overtime, such as minors and the disabled. Legally disabled people can assume that overtime is prohibited.
However, the US Disability Act (ADA) allows an employee to agree to work overtime as long as the work is “light”, which means that it is not particularly physically demanding. As long as a person can safely physically perform these duties, disabled workers can work overtime and receive higher pay.
Finally, the employee can negotiate an overtime limit with the employer, regardless of disability, as long as both the employer and employee agree in the signed employment contract. In the absence of agreement on this matter, the contract will control the result. If the contract does not contain clauses that specifically address this issue, federal and state regulations apply.
Negotiating overtime
Highly valued employees may be able to negotiate agreements with the employer to avoid overtime. You can ask to discuss your situation with your superiors in confidential circumstances and cite any legitimate concerns, such as caring for the elderly or childcare responsibilities, or health problems that make it difficult for you to work extra hours.
What are the alternative options that require mandatory overtime?
When employees have to work overtime, this is usually because the company has decided that it is the most cost-effective way to deal with the burden. Alternatively, employers should consider the following options before ordering overtime:
- Let employees report overtime changes
- Hire temporary workers through a recruitment agency
- Hire part-time employees to cover extra work
