I have a friend who works in a metal plant in Virginia for 12 hours a day. His Job has been making him work over time(additional 4 hours, so he works from 3:30 pm to 3:30 am). Can your employer make u work overtime like that, for weeks straight, and no off days for the past month? Seeing as how it's a metal plant, its a strenuous job and the workers need off days and longer breaks.
2006-11-02 05:26:36 · 9 answers · asked by luda_girl_stl 2 in Politics & Government ➔ Law & Ethics
But the pay is what keeps him going so he won't quit, he's just curious about Virginia Labor Laws.
2006-11-02 05:30:40 · update #1
I know about bad work ethics, but since he don't have a computer, he wanted me to check on labor laws. But working in a metal plant for 12 hours a day, no breaks can be stressful and strenuous.
2006-11-02 05:32:58 · update #2
If it is mandatory for everyone, it can be made a condition of employment.
It may not be wise for the plant to do this in the long run, but it is legal.
It may not make him feel any better, but I know there are about 300,000 people in Michigan that would give their right arm to be so lucky
2006-11-02 05:31:39 · answer #1 · answered by Gem 7 · 0⤊ 1⤋
It may surprise some to learn that there is no federal law limiting the number of hours that an employee may work in a week, unless the employee is a minor. What keeps employers from requiring employees to work an unlimited amount of hours each week is the requirement that certain workers receive overtime pay. Eligible workers who work more that 40 hours in one week must be paid one and one-half times their regular pay for every hour worked in excess of forty hours. Some states also have overtime pay laws. If both state and federal overtime laws apply, the employee is entitled to whichever overtime protection is most strict and provides the most protection to you as an employee.
2. Which federal law(s) cover payment of overtime?
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Some states also have overtime laws. For more information, see the agency in your state which handles wage and hour/labor standards violations, listed on our site's state government agencies page.
3. Who is covered by overtime laws?
More than eighty million American workers are protected (or "covered") by the FLSA; however, not all of these workers are eligible for overtime. The first step in determining whether you are eligible for overtime is to determine whether your employer is covered by the FLSA. There are two ways in which an employee can be covered: "enterprise coverage" and "individual coverage." Either standard is sufficient for the employer to be subject to the FLSA's overtime provisions.
How is the 40-hour workweek determined?
An employee's work week is a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It does not have to coincide with the calendar week, but may begin on any day and at any hour of the day. Different work weeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular work week must be paid on the regular pay day for the pay period in which the wages were earned.
While a work week customarily begins on Monday, that is not a legal requirement. However, an employer must follow a fixed pattern and cannot manipulate the start of the work week to avoid paying overtime.
I hope this helps
2006-11-02 05:37:02 · answer #2 · answered by lnd_whitaker 2 · 0⤊ 0⤋
Each state has their own labor laws (California uses high overtime pay requirements as a dis-incentive to employers who would abuse overtime, while Arizona has virtually no labor restrictions other than how many hours you can work a minor on school days)
I don't know what Virginia's are but since it is a metal plant I would think it is Union. Union contracts supersede whatever the local labor law is.
Check with your labor department if they are not union.
http://www.dli.state.va.us/
2006-11-02 05:31:34 · answer #3 · answered by kate 7 · 0⤊ 1⤋
I don't know one American blue-collar worker who would turn down such an opportunity or complain about it.
I assume he gets overtime.
My brother in-law with 4 kids who was laid off the day after Christmas 2005 would take those hours in a minute.
I can't believe someone would complain about that after only some weeks of extra work. Pitiful work ethic.
I know that's not what you asked but I am shocked by the question.
2006-11-02 05:30:39 · answer #4 · answered by ssssss 4 · 1⤊ 2⤋
As long as they are paying him one and a half times his wage for every hour he works over 40 hours every week, then they can ask him to work the overtime. He could try asking for a day off once and a while. If they won't let him, he could "get sick" or "hurt his back." ;)
2006-11-02 05:31:20 · answer #5 · answered by Wocka wocka 6 · 0⤊ 1⤋
More then often, it is on a voluntary basis, but I would goto virginia state website, then goto labor laws. You should find an answer there.
2006-11-02 05:35:42 · answer #6 · answered by hockeytwn09 3 · 0⤊ 0⤋
If you or he is looking to get access to your Legal Rights, please contact me. I provide a service that will allow you or him, the ability to contact a Provider Law Firm in Virgina. Please let me know if I can be of service. Good luck.
2006-11-02 06:01:48 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Well, if he doesn't like it, tell him to quit and find another job.
2006-11-02 05:29:10 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Probably not.
2006-11-02 05:28:54 · answer #9 · answered by scarlettt_ohara 6 · 0⤊ 1⤋