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TR | Can my employer make me work OT? If so is there a maximum amount per week? What if it affects my well-being? |
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Mathew
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That depends on the state labor law in the state in which the work takes place and in some states the nature of the work. |
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bostonianinmo
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Unless you have an explicit employment contract (individually or through a collective bargaining unit) your employment is considered "At Will." That basically means that the employer/employee relationship can be terminated by either party with no notice or reason required. As long as you are not terminated for a prohibited reason -- race, color, creed, national origin, sex, etc. -- your employer can terminate you at will.
Your employer can require you to work OT as a condition of continued employment. You can refuse but if you do you risk termination. And don't bother filing a lawsuit, you won't get anywhere with it.
The only fields where the amount of OT is restricted by law are truckers, pilots, some nuclear power plant workers, and railroad enginneers. Anyone else is fair game for pretty much whatever the employer demands. Ask any medical intern about the 120 - 140 hour work weeks if you don't believe that!
Few states provide any limitations on overtime and when they do it's normally for public safety reasons, not employee well-being.
If the OT demands are too much for you to deal with, about your only option is to seek other employment. |
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Judy1
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In most jobs, the employer can't force you to work overtime, but they can terminate you if you don't. There's not a federal limit on the number of hours unless you are in a very limited number of jobs that do have restrictions, like truck drivers and airline pilots.
Depending on where you live, there might be more restrictive state laws.
Depends on what you mean by affecting your well-being. If you become physically ill, you might or might not be eligible for unpaid family medical leave under the FMLA. If you mean it's really messing up your life outside of work, then your option is to look for a different job.
By federal law, they have to pay you time and a half for hours over 40 per week if your job is covered by the fair labor standards act, and most non-management jobs are. |
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wiz kid
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yes to a reasonable amount. It depends on what state you are in. Here it is 10 hours a week. |
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NickG
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Contact the government Wage and Hour Divison. Their website may also have some answers....
http://www.dol.gov/esa/whd/ |
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mande
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Your well being?
Well, how about just doing any work whatsoever? What if that effects your "well being". Can you just show up and not work, and expect to get paid?
Work certainly does effect my well being, but not as much as living out of my car because I don't have any money.
You are lazy. It's that simple.
They can't "make you" do anything, but if you're employed by them, and they require a certain amount and quantity of work, then as long as it's not an illegal demand, then yes, they can expect you to do that, to remain employed with them.
You have the choice not to do it - by quitting your job.
Welcome to the real world. |
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Frank Castle
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1) No.
2) No.
3) Why don't you quit? There are many mexicans ready to do your job for $2.15 USD per hour and their well-being is not affected even if their boss make them work 16 hours everyday.
I suggest you to buy the DVD "Fast Food Nation" |
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Ana M
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No you can refuse to work over-time. That is why they pay you time and a half. You should talk to your employer and tell him/her that it is affecting you mentally and you need some rest. Tell her a maximum amount of hours you will work over-time. Also, the government will tax the crap out of over-time. Let me know how this situation turns out. |
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devious_nyx
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Your employer shouldn't be able to MAKE you OT.
Point blank refuse & if they decide to fire you for refusing, slap a lawsuit on their tyrannical as*es. |
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