Overtime Law - Should It Be Mandatory?
Overtime is usually considered by
law as work in excess of 8 hours a day, or 40 hours of work in a
given work week. According to The U.S. Department of Labor (DOL), "An
employer who requires or permits an employee to work overtime is generally
required to pay the employee premium pay for such overtime work." At this
time there is no federal law limiting overtime hours or preventing
mandatory overtime. Under the law of the Fair Labor Standards Act there are
no protections for employees who refuse to work mandatory overtime (OT).
DOL law states that : "The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that OT work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked."
Mandatory OT law is an important matter for both workers and employers alike. Currently, there is no federal law preventing mandatory OT or limiting overtime hours. Moreover, under the Fair Labor Standards Act, there is no protection under the law for workers who refuse to work mandatory overtime. The U.S. Department of Labor law states, “An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.” “Overtime” is defined by law as an excess of eight hours a day or 40 hours a week, while the term “mandatory” is defined as being required by an employer.
If you believe that you are not being paid for all of the time you have worked or that you are not being paid overtime that you are due, please fill out our online consultation form.
MANDATORY OVERTIME LAW RESOURCES
 | Petition for a law to ban mandatory overtime |
| Learn about OT law |
| Learn about federal employment law |
| Information about mandatory overtime and the law |
| mandatory Overtime law FAQ's |
| Mandatory overtime and the law |
| Fair Labor Standards Act (FLSA) - mandatory overtime and the law |
