Do You Have to Work Overtime?

Overtime allows employees the chance to earn more income outside of their regular schedule.  It is an opportunity to put money in your savings, purchase an item you’ve been wanting, or pay down a credit card.  Working overtime that the employees chooses to work is motivating and a great incentive.  What if your boss forces you to work overtime? Do you have to?  Working OT can be a beneficial factor to employment, but many employees do not wish to be forced to work overtime, they wish to choose to work the extra hours if offered.Unfortunately, many are not being paid for their overtime hours. These workers may consider filing an unpaid overtime lawsuit to recover the money they have been cheated out of. 

One thing to consider when asking about overtime is whether you are an exempt or non-exempt employee.  A non-exempt employee is generally entitled to overtime pay based on the rules and guidance outlined in the Fair Labor Standards Act (FLSA).  If they work more than 40 hours per week, than their employer must pay them one and a half times their regular pay when working these extra hours.  

Exempt employees are exempted from overtime requirements based on guidance from the FLSA.  The FLSA has many different types of categories in which certain employees are not eligible for overtime pay.  An employee must be correctly classified as “exempt” to avoid any legal misgivings on the overtime pay rules.  Many areas in administration, executive, computer professionals and several others are often classified as exempt.

Employers that require their employees to work overtime must do so in accordance with the FLSA.  The FLSA has many exceptions to the rules.  For example, if an employer forces an employee to work overtime, but refuses the extra pay, is it legal?  In some instances, yes.  The FLSA does have exceptions to the time-and-a-half law that can include farm or ranch workers salaried professionals, administrative professionals, and workers on water-bound vehicles.  

Generally, the federal labor law states that employers can require their employees to work as many hours as they wish, but with the FLSA intact, in many circumstances these employers would have to pay extra for any hours over 40 hours, depending on what the job is and if it is exempt or non-exempt.  If an employee refuses to work the requested overtime, disciplinary action may unfortunately be taken.  Actions can include termination if refusal does occur.  Keep in mind that union contracts, employment contracts, and other documents are established for many jobs that restrict the amount of overtime hours that an employer can demand.

When it comes to the subject of OT pay, many employers are often at an advantage, which is why employees often seek the assistance of an unpaid overtime pay attorney.  An employee that has been forced to work overtime that violates the FLSA, union contract or work agreement can present their case.  Other issues such as safety concerns or overtime duties that might pose a threat to the employee are also issues that violate employee rights.  Employees that have not been compensated for their overtime hours need to look to see if they are classified as exempt or non-exempt and study the contracts, agreements, and the FLSA.