In turn, employers should make every attempt to provide reasonable notice of the need for overtime. Be sensitive to the needs of your employees and consider legitimate excuses fairly and consistently. Consider seeking volunteers for overtime before initiating mandatory overtime. Employers should familiarize themselves with the laws regarding overtime and meal and rest periods in the states in which they operate as well as any industry specific restrictions.
It is recommended that employers consult with an attorney in developing and implementing a policy on mandatory overtime, as they should with any new policy. Pay raises in the U. You may be trying to access this site from a secured browser on the server.
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This includes minors and individuals with disabilities. However, overtime hours are not outlawed for individuals with legal disabilities. The Americans with Disabilities Act ADA permits an employee with disabilities to opt in for overtime as long as the job is light duty. Light duty means the work is not particularly physically taxing.
So long as the individual can safely perform the duties, disabled workers are permitted to work overtime hours and receive the higher hourly pay that is included.
An employee may also negotiate a cutoff for the overtime hours requirement during the hiring process, regardless of any disabilities. The employer and employee must agree to the cutoff and sign an employment contract that reflects their agreement. Should any issues arise regarding the overtime cutoff, the signed contract will govern the outcome.
If there are not specific clauses in the employment contract, federal and state law will govern. Should an employee have the opportunity to negotiate overtime terms during their hiring process, it is important to note that pursuant to the FLSA, only hours can be reduced and not pay.
Any employee who works over 40 hours will still earn 1. These standards apply to all jobs where an employee earns their wages by the hour. However, overtime pay exceptions do exist. Generally, employees who earn a salary instead of hourly pay are not eligible for overtime pay. Special rules also exist for volunteers, independent contractors, and seasonal workers. If an individual is unsure whether or not their employment falls into one of these categories, it is best to seek the advice of an attorney.
There are also other important considerations regarding mandatory overtime. Pursuant to the FLSA, overtime does not necessarily begin if an employee works more than 8 hours in a day.
The law measures work hours on a weekly basis, not a daily basis. Some states, including Alaska and California, do provide overtime for employees working more than 8 hours.
Since these laws may vary by state, it is important to review local laws and consult with an attorney to determine what rules may apply. Some employees are members of labor unions.
A labor union includes a group of workers in a specific trade or company that is organized to protect and further the rights and interests of employees. Unions are formed by employees with similar mindsets in order to approach their employer collectively. Some conditions they address include:. If a labor union exists, overtime is dictated by the collective bargaining agreement CBA that was negotiated between the employer and union officials.
Similar to individual employment contracts, a CBA is a contractual agreement. Should an employer violate the CBA, they may be subject to a civil lawsuit.
Yes, you should consult with an experienced employment attorney if you are facing forced overtime legal issues. As noted above, laws may vary by state so it is important to have an attorney review your local laws.
An attorney will be able to review both local and federal laws to determine which applies in your case. An employee may also be able to file a claim with the Equal Employment Opportunity Commission EEOC in order to receive monetary compensation for any missing overtime pay. Talk to co-workers: See if your fellow employees are also suffering from the effects of overtime-induced fatigue. If you approach your employer about the issue, it is often easier and more effective to do so as a group.
Discuss it with your employer: Many employers are unaware that mandatory overtime can reduce efficiency, increase the risk of injury, and place unnecessary burdens on employees. Let your employer know that you would prefer to not work excessive overtime. Check your contract: If you are a union member, check with your steward or business agent about whether there is overtime language in your contract.
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