Is this legal?

Question

My husband's employer is forcing its employees to work 16 hours overtime every weekend (this is in addition to the regular 40 already) under threat of termination! Is this at all legal? If not, what can we do?

He is being paid overtime rate. He's just really sick of it, it'll be 3 weeks in a row!

Answer 1

I'm just a first year law student and I haven't taken any kind of employment law yet, so I'm not entirely sure. Nevertheless, as far as I know from contracts class, employers and employees are free to contract however they choose. Absent federal regulations, an employer can ask an employee for any terms. Employers are limited by what's reasonable... simply meaning that if they force their employees to work all hours of the day at a very strenuous task for minimum wage, no one will want to be their employee. Regulations like the fair labor standards act make requirements that employers must follow. While it doesn't regulate the amount of overtime an employer can require, it does require employers to compensate their employees with a certain amount in some businesses.

Unfortunately if your husband is an at will employee, the employer is allowed to make threats of termination. At will employment continues as long as both the employer and employee want it to continue... the employee can quit at any time and the employer can fire the employee any time.
At will employment is the ordinary type of permanent employment. Unless he signed a contract agreeing to work for a specific terms for a specific time, your husband is probably an at will employee.

There may be some remedy for your situation. If your husband has worked for the employer for a substantial amount of time (more than a few years) and has reason to rely on his employment, his at will employment may rise to a higher level and become more than at will employment... meaning that the court may not allow him to be fired or will require damages after he is fired.

While it may be expensive, I suggest you talk to a lawyer in your area. He will know the law of your state and you can tell him all of the facts so that he can decide whether your husband's employment situation is one that requires legal action.

Answer 2

In my opinion it is legal when a person is hired to do a job it is with the understanding that they are not only able to fulfill the requirements of the job but are willing to do so. If said employee is not willing and able to do the job then yes there are subject to termination. If Hubby isn't able then he should consider seeking employment else where.

P.S. I work PLENTY of overtime and due to certain overtime law exemptions I only get paid straight time for it. It's just how it is.

Answer 3

yes, however.... they must be paid overtime pay, and "typically" there has to be an agreement of some sort at the time of hire.
Usually on the application/interview they will make a point to tell you this is a possiblity.
Or if he is on salary, then they can do pretty much anything they want.
If he is getting paid hourly, first you need to get a copy of employee/company handbook where this is mentioned as a possiblity. If you are not finding any mention of this, and/or he is not being paid overtime, then you need to report this immediately. Then he is actually being "exploited", and it is illegal.

Answer 4

If you don't like the conditions of employment then get a different job. An employer that sets unreasonable conditions of employment is not a legal problem. As long as the employers demand is not physically damaging or asking for the employee to do something illegal or immoral the only option is for the employee to find a different job or to form a union to negotiate better working conditions.

Answer 5

As long as the employer is providing a supplemental wage for the work. (providing the hours are beyond what is legislated for a regular work week), the yet it is within their rights. It is also highly dependent upon the contract signed upon employment. Some may have a clause stating that if an employee is unable to fulfill their schedule they are subject to termination.

Answer 6

the forty hour work week is the agreement you sign on for. The time and one half for overtime is a law for most states I think. I have sen adds to recover the overtime. Maybe you could just keep working and consider the time as a savings account and recover it later. Your state labor laws are the key to overtime pay.

Answer 7

Yes, but they must pay him overtime unless he is an exempt employee. I know it seems like a great incovenience but at least he has a job.

Answer 8

Employers are free to set any conditions they like on their employees, who are free to either accept the conditions or leave employment.

Answer 9

i dunno-