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for a company to demand an employee to work over time in Massachusetts or anywhere in the US? My dad is working in a factory that makes dressings, etc.. as a forklift operator, his shift is from 4:30 pm to 1:00am - I guess they tell him that there is a lot to do... and certain days he has to stay until 3am or 5am. I thought overtime was a choice - if you want to do an hour or two u decide - not til they tell you to go home?!

2006-07-21 09:47:15 · 15 answers · asked by Anonymous in Politics & Government Law & Ethics

He does get paid properly for the over time...my question was...is it mandatory?

2006-07-21 09:55:20 · update #1

15 answers

Do I have to work forced, mandatory overtime?
The Fair Labor Standards Act does not restrict the total number of work hours for employees over age 16. (Child labor is also covered by the FLSA.) So, if you're over 16, whether or not you must work forced, mandatory overtime hours is between your employer and you, unless there's an employment contract, collective bargaining agreement or state labor law that says otherwise. A Bill reintroduced in Congress and called the Safe Nursing and Patient Care Act of 2005, bans mandatory overtime hours (as defined by the Act) for nurses working at certain healthcare facilities that receive payments under the Medicare Program. If it passes, it might set a precedent for other types of employees. But for now, most companies get away with forcing it, and firing employees who refuse to work it. If you're a nonexempt employee, as long as the company pays you for it, the company is pretty much in the clear. If you're classified as exempt, overtime without extra pay automatically comes with the territory. However, more exempt employees are filing lawsuits these days, when an unreasonable number of mandatory overtime hours becomes the "norm" every workweek.

2006-07-21 10:09:14 · answer #1 · answered by Anonymous · 1 1

It's between the company and the employee. The only law states that he has to get paid time and a half for working over time. The rest of the details is up to the company. However, since they need him so bad he can negotiate for extra an day off a week or something.

2006-07-21 09:52:22 · answer #2 · answered by wild_orchid_1988 3 · 0 0

There is no law protecting employees from being forced to work overtime. As long as he is properly paid for the work, they are not breaking any laws.

2006-07-21 10:24:06 · answer #3 · answered by James 7 · 0 0

I'm assuming he's a hourly (non-exempt) employee. In that case, he has to paid overtime. If he's in a union and there's a contract, it would state what the rate would be (e.g. time and a half etc.).

If he's an exempt employee (e.g. salaried--which I highly doubt), then no overtime would be paid.

2006-07-21 09:53:15 · answer #4 · answered by dapixelator 6 · 0 0

Yes. I just got off six months of mandatory overtime.

2006-07-21 10:39:04 · answer #5 · answered by Anonymous · 0 0

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2016-11-02 11:58:35 · answer #6 · answered by Anonymous · 0 0

No, o t is at the company discretion. We used to rely on labor unions to protect us from bad employers, but all unions became so corrupt that they were worse than the company. There is little else you can do but put in the time.

2006-07-21 09:52:27 · answer #7 · answered by Anonymous · 0 0

i know where im from they can make you work so much overtime a month, and i had to even work 2- 7 day weeks one month though im not sure that was legal.

2006-07-21 09:51:38 · answer #8 · answered by ezekiel2899 3 · 0 0

Nope it isnt illegal. My company does that to us sometimes. It's called MANDATORY OT. When we are totally behind in our work, we are all required to work 5 extra hours a week. I don't mind it...I like the extra cash.

2006-07-21 09:55:38 · answer #9 · answered by SassySours 5 · 0 0

i worked in a factory once. and overtime is optional but so is keeping your job. if you dont work overtime they hound you to do so and i think they eventually fire you if you dont. not too cool. not sure if its legal or not but that happens every where.

2006-07-21 09:52:39 · answer #10 · answered by llcoolbeans_2000 1 · 0 0

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