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Jan31

LABOR HOURS: Mandatory Overtime

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HOW MANY HOURS CAN A COMPANY MAkE EMPLOYEES WORK? THERE IS A COMPANY THAT IS WORKING THEIER EMPLOYEES 8 WEEKS IN A ROW WITH 11 TO 12 HOURS PER DAY, AND ONLY A SUNDAY OFF EVERY 8 WEEKS OR SO. PLEASE ADVISE OF LAW.  THANK YOU!

Under federal law, there is no limit to the amount of overtime that an employer can require employees to work.  A company can require that employees work 16 hours per day, 7 days per week, for months on end. In fact, the company could even require that employees work more than that – 20 or more hours per day.

Both federal and state laws limit the number of hours that young people under 18 can be required to work. However, these laws don’t apply to workers over the age of 18.

Under the FLSA, the Fair Labor Standards Act of 1938, employers must pay an overtime premium equal to 1.5 times the employee’s usual hourly wage, for each hour that the employee works, over 40 hours in a payroll week. However, this law does not set any limit on the number of hours that an employer can require employees to work.

The majority of U. S. states have a similar overtime law at the state level that applies to smaller companies. However, most of those laws do not set any limit on the amount of overtime an employer can require.

When an employer requires that workers put in extra hours or be fired, that is called “mandatory overtime.” Mandatory overtime is perfectly legal in almost all states. An employer is well within his or her rights to fire a worker who refuses to work the mandatory overtime.

A few states limit the number of consecutive days that an employee can be required to work. Illinois, Wisconsin and New York have laws that require each employee to receive one day off in each payroll week. These are generally referred to as “one day rest in seven” laws. However, employers can require workers to put in as many hours as the employer wishes on the other 6 days.

In California, employees are entitled to overtime after 8 hours and double time on the 7th consecutive day. However, the employer can still require that workers put in mandatory overtime.

Some states limit the number of hours that an employee can be required to work, but only a handful, and usually under very specialized circumstances. For example, in Florida, an employee who performs manual labor may not be required to work over 8 hours per day. However, all other employees can.

A few states have limited mandatory overtime only for workers in specific professions. In Massachusetts, for example, nurses cannot be required to work overtime. Workers in all other professions can, under state law.

Illinois has a similar law for nurses, but there are myriad exceptions.

For a more specific answer, post a question that mentions your state.

This entry was posted on Thursday, January 31st, 2008 at 3:45 pm and is filed under
Hiring and Staffing, Labor Laws.
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13 Responses to “LABOR HOURS: Mandatory Overtime”

  1. Coy Garnett Says:
    March 1st, 2008 at 10:29 am

    I work at a company that has made Sat. Mandatory.I was wondering can my company Make Every Sat. Mandatory and for how long?This company is in the state of IL

    Editor’s note: Please repost as a question, rather than a comment, and we will be happy to answer it.

  2. Linda Smith Says:
    May 31st, 2008 at 5:17 am

    My husband had triple bypass surgery 18 months ago. He is 59 and still gets fatigued. His company has put him on a project which will require 12 hour days, 7 days a week for a minimum of 6 weeks. This schedule is too demanding. What can be done?

  3. Caitlin Says:
    June 14th, 2008 at 10:39 pm

    This is a tough situation, because as the article says, employers in TX can legally require that employees work overtime.

    There are two exceptions that might apply to your husband. If his doctor certifies that he has a “serious health condition” then your husband might be entitled to take intermittent FMLA. In this case, your husband could work 40 hours per week and take 19 hours per week of FMLA. This would only work until your husband had taken 480 hours of FMLA.

    If your husband has a disability under the EEOC definition, he can request an accommodation from the employer. As long as it is not an undue hardship, the employer must grant the accommodation. However, the EEOC regulations for a disability are fairly strict. Normally an employee must be unable to carry out some functions of daily life, like bathing, shopping or taking public transportation, to qualify.
    If your husband thinks he is being singled out for negative treatment because of age, a disability or a percieved disability, he can file a complaint with the EEOC. However, it seems more probable that your husband’s condition is not a disability, but does prevent him from putting in the overtime this position allows.

    A final option would be for your husband to find a less demanding job.

  4. Tyler Pelley Says:
    June 15th, 2008 at 10:15 pm

    I live in Florida, I work at a pharmaceutical packing plant and they tell me that I must work mandatory overtime. First they said our work schedule is mon-thurs, 10 hours per day. Then now they walk around with a paper saying “you have to sign this for mandatory overtime friday and saturday. if you dont come in you may be fired”.
    I thought that you were only required to work 40 hours a week and anything more than that is at your discretion. I already work 7am-5pm monday through friday, am I not allowed to have a life outside of my job??? I understand they need people, but a lot of people i work with are immigrants and dont know the law, most dont speak english. Am I working in one of those sweatshops I hear so much about? I just want to know the facts, thank you.

  5. Caitlin Says:
    June 18th, 2008 at 8:16 am

    Hi Tyler! Unfortunately, employers can make overtime mandatory in just about every state. For a more complete discussion of this issue, post a question on our sister site at http://www.laborlawtalk.com. And thanks for reading! Caitlin

  6. Rob Chandler Says:
    August 20th, 2008 at 3:20 pm

    Is there an Illinois state or a Federal limit to the number of hours a person can be forced to work over a one year period?

    A co-worker has worked 85% of the days available this year to date and is now being forced in on days when he does not wish to work.

  7. Caitlin Says:
    August 21st, 2008 at 8:20 am

    Hi Rob!

    There is no limit under federal or Illinois law on the number of HOURS that an employee can be required to work — as long as the employer complies with applicable overtime laws. Theoretically an employer could require someone to work 100 hours per week.

    However, under Illinois statute, there is a limit to the number of DAYS that an employee can be required to work. Illinois is one of a very few states that has a law requiring employees to have a day off every week. The Illinois One Day Rest in Seven Act requires that employees have at least one day off in each calendar week. Employers can apply for an exemption, but only if the employee volunteers to work 7 days per week. So if your friend is being required to work 7 days per week, there is a remedy.

    Learn more about the Illinois law here:http://www.state.il.us/agency/idol/laws/Law140.htm

    Readers in other states should note that most states do not have any similar law.

    Thanks for a great question, and for reading the blog! ~ Caitlin

  8. Dan Metiv Says:
    September 25th, 2008 at 10:10 am

    I live and work in Illinois as a paramedic and my company is requiring overtime… Any exceptions for paramedics similar to nurses? Thanks for your reply.

  9. Caitlin Says:
    September 26th, 2008 at 7:57 am

    Hi Dan! Unfortunately, no. Illinois does not have a law that protects paramedics from working mandatory overtime. HTH, and thanks for reading the blogs!~Caitlin

  10. Dolores Carden Says:
    October 26th, 2008 at 4:16 pm

    On mandatory overtime, how much of a notice must be given?

  11. Caitlin Says:
    October 26th, 2008 at 6:55 pm

    Hi Dolores! Legally, it is not necessary for the employer to give workers any notice for mandatory overtime. Sometimes it is impossible for the employer to do so, as when an employee must work overtime because their relief called in sick. The best practice in HR is to give employees as much notice as possible, but sometimes that is none. HTH, and thanks for reading the blogs!~ Caitlin

  12. Edward Pocilujko Says:
    November 21st, 2008 at 4:44 pm

    Can an employer make you work one shift(approx 7 hours); punch out and then come back in 2 or 3 hours to work another 3 hours.

  13. Caitlin Says:
    November 21st, 2008 at 6:30 pm

    Hi Edward! This is called a split shift, and it’s very common in the restaurant industry, where an employee will work the lunch shift, then clock out and come back for the dinner shift.

    In most states it is 100% legal. In a very few states like California, an employer has to pay the worker more when he or she is required to work a split shift. But in every case, an employer can require that an employee do this, and can fire the employee if he or she refuses. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the site!~ Caitlin

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