Quick Answer: Is Mandatory OT Legal?

Do I have to answer my phone on my day off?

If work calls you on your day off, do you answer.

That’s your choice.

If you are considered on call or don’t like to let them down then answer.

If you are wiped out then turn your phone on sleep mode to get some rest..

Generally, an employer can make an employee work 20 hours in one day as long as they are properly compensated and are given the required rest periods under the applicable wage order…

Who is eligible for OT?

Overtime pay Overtime work is all work in excess of the normal hours of work (excluding breaks). You can claim overtime if you are: A non-workman earning up to $2,600. A workman earning up to $4,500.

Can your boss make you work 7 days a week?

Employers can get permission from the Department of Labor to work their employees 7 days a week, but they can only do that a maximum of 8 weeks a year. … The Department of Labor also enforces the law on behalf of employees.

Can my employer make me do overtime?

You only have to work overtime if your contract says so. Even if it does, by law, you cannot usually be forced to work more than an average of 48 hours per week. Unless your contract guarantees you overtime, your employer can stop you from working it. …

How many hours of overtime is too much?

While both the Fair Labor Standards Act (FLSA) and most state labor laws on overtime require that covered, nonexempt employees be paid for their overtime hours at a rate of not less than one and one-half times their regular rate of pay after 40 hours of work in a workweek, they do not typically place any limit on the …

What is the longest shift you can legally work?

The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime, since the average American work week is 40 hours – that’s eight hours per day for five days a week.

Can I be forced to work on my day off?

Your employer cannot make you work on a day contractually guaranteed to be your day off. … Written employment contracts and religion are the only reasons the employer could not require you to work on your day off—and fire you if you don’t. There is some good news, though, at least for hourly employees.

Can I get fired for not answering my phone on my day off?

Firing an employee during his or her day off is a complicated question in employment law. Unfortunately for most workers the answer is: yes. You can be fired on your day off for refusing to show up at work if your employer asks you to come.

Is working 24 hours straight illegal?

According to the United States Department of Labor, working a 24-hour shift can cause employees emotional, mental and physical stress. At the time of publication, no comprehensive federal law prevents employers from requiring workers over age 16 to complete shifts of 24 hours or even more.

Can you work over 16 hours in a day?

In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any …

How many hours should a worker work per month?

195 hoursThe average working hours over a 12 month period calculates to 195 hours per month. However, no individual month’s working hours will calculate to exactly 195 hours. The working hours per WEEK as prescribed by Law, is 45 hours per week.

Can I refuse to work overtime?

An employer who wants to rely on either guaranteed or non-guaranteed overtime should clearly set out in the terms and conditions of employment that the overtime is compulsory. If a worker refuses to work overtime they are obliged to work, the employer may view this as a breach of the contract and a disciplinary matter.

Is OT compulsory?

If they are required to work overtime, employees should be paid 1.5 times their hourly basic rate of pay. Even then, employees should not be required to work more than 12 hours a day or more than 72 hours of overtime a month. … Even when such exemptions are granted, employers should not compel employees to work overtime.

Can my boss text me on my day off?

Simple answer: Yes. It’s legal. No laws require vacation time, and as long as she’s not docking your pay for taking your kids to the doctor, she can bug you about it, and even require that you not do it. Long answer: Your boss has issues.

A week is defined as a fixed time period of 168 hours, or seven consecutive 24-hour days. Even if you are paid every two weeks, if you qualify for overtime, you can’t be required to work 60 hours one week and 20 hours the next, without being paid overtime for the week you worked beyond 40 hours.

Can you be forced to work overtime on salary?

As long as the staff is salaried, there’s nothing in federal law that prevents this. An employer can legally pay exempt employees for overtime. The pay can be a bonus, a flat sum, time-and-a-half or extra time off. Federal law does not, however, require that employers offer this extra compensation.

Can a manager force you to stay past your scheduled time?

There is nothing illegal about an employer requiring you to stay past your scheduled shift. However, if you are a non-exempt employee (entitled to overtime), you must be paid for this extra time.

How many 12 hour shifts can you work in a row?

Your employees may suffer from stress and fatigue, which can negatively impact morale and work performance. Allowing rest periods and lunch breaks, limiting employees to three 12-hour shifts per week and scheduling days off between 12-hour shift days may help your employees obtain sufficient rest and avoid stress.

Can you get fired for refusing to work overtime?

“Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. … As long as you work fewer than 40 hours in a week, you aren’t entitled to overtime.

With the rise in household work hours and overtime, there is a growing need for limits on involuntary overtime. Labor laws such as the FLSA need to be amended to protect workers against excessive work hours and mandatory overtime and to protect the public from the dangers of an overburdened, stressed workforce.