What happens if you have other commitments or don’t want to work the extra hours? There are some exceptions, but you may not have the option to opt out. Review information on when employers can require employees to work mandatory overtime, exceptions to overtime requirements, and pay for overtime work.
Can Your Employer Make You Work Overtime?
There are no federal laws prohibiting employers from mandatory overtime except for workers under 16 years old and in a few safety-sensitive occupations. In general, with some exceptions, if your employer asks you to work overtime, including extended shifts or weekend hours, you will be required to do so unless you are covered by a collective bargaining agreement or another employment contract that stipulates any limitations on the overtime hours you are required to work. Check with your human resources department or state department of labor for overtime regulations that cover your employment.
Pay for Mandatory Overtime
The Fair Labor Standards Act requires employers to pay time-and-a-half to any non-exempt employees who work more than 40 hours in a workweek. Employers are not required to pay overtime to exempt employees. Classification of employees as exempt or non-exempt is a complicated process. Many employers, especially smaller employers without adequate human resource staffing, inadvertently or intentionally fail to categorize employees accurately. If you have questions about your employer’s compliance, carefully review the department of labor overtime regulations.
State Limits on Overtime
Some states limit how many hours some employees can work, including Alaska, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New Hampshire, New York, Oregon, Pennsylvania, Rhode Island, Texas, Washington, and West Virginia. Consult your state department of labor to learn about any laws that might impact your occupation.
Federal Limits on Overtime
Federal regulations restrict the number of hours that can be worked in safety-sensitive occupations, such as pilots, truckers, and nuclear power plant staff, as well as certain railroad and marine personnel. Employers with workers protected by the Americans with Disabilities Act (ADA) may be required to limit an employee’s overtime to reasonably accommodate a disability.
Employment Contracts and Overtime
Some unions or individuals will negotiate collective bargaining agreements or employment contracts that prohibit employers from requiring overtime.
Employer Overtime Policies
Some employers have enacted policies that place restrictions on the amount of overtime that is permissible. In those cases, workers can discuss working overtime with supervisors or human resources representatives and request clarification of the policy.
Seasonal and Cyclical Patterns for Overtime
Some employers require overtime only during peak seasons when worker productivity must be maximized. In other cases, organizations increase overtime when there is a shortage of workers during expansion or an unanticipated upswing in the company’s business. If you are new to the employer, ask veteran employees about the regular cycles for overtime so that you don’t make too big an issue out of a transitory phenomenon.
Conduct Due Diligence Prior to Accepting a Job Offer
If you are concerned about the number of overtime hours required in a prospective job, make an effort to investigate practices at that employer prior to finalizing an employment agreement. The ideal time to do so will usually be after you have made your case and an offer has been made. Speak with potential colleagues and inquire about the number of hours that they typically worked and their perception of management’s expectations. Ask your prospective supervisor about their expectations. Review any company policies through human resources.
