Can my employer make overtime mandatory?
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Can my employer make overtime mandatory?
When I started 2 years ago, I told them that I could not commit to more than 40 hours a week due to childcare issues. Now they are scheduling us for between 40-50 hours a week.
Asked on December 2, 2018 under Employment Labor Law, North Dakota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, your employer can require that you work any hours that it schedules you for, unless you have an employment contract or union agreement that prohibits this. Other than that, your company can set the conditions of your employment much as it sees fit (absent some form of legally actionable discrimination). That having been said, if you are a "non exempt worker, (i.e typically one who is paid hourly), then you must be paid for all time that you work. Further, if that puts you over 40 hours in your work, week then you must be paid overtime for those additional hours.
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