Mandating overtime
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Mandating overtime
My husband has been working a 7 to 3
shift at a warehouse Monday thru
Friday and some Saturday if needed but
now this job is mandating 12 hrs
shifts six days a week only Sunday off
honestly I believe this employer is
trying to get employees to quit there
jobs by demanding so much mandated over
time so they wouldn’t have to pay them
unemployment because they are about to
loose all of there contracts with other
companies I did read something about if
a employee works 48 hrs in a week then
the employer can not mandate
additional overtime and the employee
can also refuse overtime without
repercussions
Asked on June 24, 2016 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There may be certain jobs, in certain, highly regulated or unionized industries, that limit overtime or which allow an employee to say "no" to overtime, but that is not the case generally under either federal or your state's laws. The vast majority of employees in your state, including warehouse workers (unless there is a contract or union agreement to the contrary) can be required to work any number of hours per week or any number of overtime hours that their employer wants, and if the worker refuses, he or she could be fired--and more: fired "for cause" (for insubordination or disobeying a supervisor's instructions) and so denied unemployment. On the other hand, at 72 hours per week, your husband will be getting 32 hours of overtime, or pay equivalent to a total of 88 hours of work per week.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.