Forced Overtime
Overtime work is usually considered by
law as work in excess of 8 hours of work a day, or 40 hours of work in a
given work week. According to U.S. Department of Labor (DOL), "An
employer who requires or permits an employee to work overtime (OT) is generally
required to pay the employee premium pay for such overtime work." At this
time there are no federal laws limiting OT work or preventing forced
overtime. Under the law of the Fair Labor Standards Act there are no
protections for employees who refuse to work overtime.
The DOL 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 overtime 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."
Forced OT is becoming an increasingly common issue among members of today’s labor force. In years past, overtime was rarely “forced”, with the 40-hour week held sacred. But, with changing times comes more concern over OT that is not optional.
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.
FORCED OVERTIME WORK IN THE NEWS
 | New Jersey state law bars hospitals and nursing homes from making health care employees work OT |
| Law to cap forced OT work has won approval in the Senate and House of the Connecticut legislature |
| Unions Give Workers the Power to Fight Forced OT work |
| Mandatory overtime is forced labor |
| Forced overtime work is exacerbating nursing shortage - nurses forced to work OT are leaving the work force |
| Proposed law to Eliminate Forced OT for Nurses |
| The AFLCIO believes that overtime should never be mandatory. On their website they recommend inclusion of certain contract language to eliminate forced OT. Included is specific contract language that can be used for nursing contracts to restrict forced OT, and to restrict forced OT for other Employment situations as well. |
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| Learn about forced OT laws |
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| Learn about federal employment laws |
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| Two More States Ban Forced OT Work |
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| Oregon law addresses forced OT |
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| New Connecticut law bans forced OT |
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| Forced Overtime work place posters covering wage and OT laws |
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| Forced overtime work in the U.S. economy |
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| NJ Governor signs forced overtime bill into law |
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| Proposed changes to overtime law regarding forced overtime |
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| articles on overtime, forced overtime, and the law |
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| Laws banning forced overtime gaining momentum - summary of new work laws outlawing forced overtime |
