OT: Mandatory overtime laws - The Orange Mane

Florida_Bronco · 06-30-2007, 02:33 PM

I know this is not football related, but does anyone know what the laws are for "mandatory overtime" in Florida and perhaps nationwide? Reason I ask is that a friend of mine's employer is trying to force him to work mandatory overtime on a day when he had made plans weeks before.

I'm trying to find info on google but nothing solid so far, so I thought I'd ask in case anyone here has ever dealt with that before.

Thanks in advance guys.

ZachKC · 06-30-2007, 02:35 PM

Seems fishy.

Archie · 06-30-2007, 02:51 PM

Nope.... I did a "windows live" search and got the department of labor web site. Here's the link and the key paragraph...

http://www.dol.gov/compliance/guide/minwage.htm
The Act does not limit either the number of hours in a day or the number of days in a week that an employer may require an employee to work, as long as the employee is at least 16 years old. Similarly, the Act does not limit the number of hours of overtime that may be scheduled. However, the Act requires employers to pay covered employees not less than one and one‑half times their regular rates of pay for all hours worked in excess of 40 in a workweek, unless the employees are otherwise exempt.

Most employment is "at will" for both the employer and the employee. So, the law here would affect non-exempt employees in terms of how much they are paid but would not stop an employer from scheduling the time. So, from the "at will" perspective the employee can choose to quit if they don't like it.

Broncoman13 · 06-30-2007, 03:04 PM

Florida, here's how this works. Your buddy can probably find a statue or a company policy that states OT will be schedule atleast x amount of days in advance. Hell, he may even find a company policy that says OT is voluntary and that no employee will be subjected to mandatory OT. Here's the kicker though. Even if he finds that policy that covers him, all he's doing is opening himself up for future retribution! I don't care what laws are in place. Every once in awhile you have to bite the bullet and tote the company line. I imagine your friend probably asked "nicely" for somebody else to fill that ot request. If not, that's probably his best bet. Otherwise, tell him to sack up and take it like a man.

Spider · 06-30-2007, 03:59 PM

Quote:

Originally Posted by Florida_Bronco

I know this is not football related, but does anyone know what the laws are for "mandatory overtime" in Florida and perhaps nationwide? Reason I ask is that a friend of mine's employer is trying to force him to work mandatory overtime on a day when he had made plans weeks before.

I'm trying to find info on google but nothing solid so far, so I thought I'd ask in case anyone here has ever dealt with that before.

Thanks in advance guys.

depending on the plans , I would cancel to work the overtime ..........

Rock Chalk · 06-30-2007, 04:11 PM

You know, do what I do.

Whenever there is "mandatory overtime" I become "sick".

Spider · 06-30-2007, 04:15 PM

Quote:

Originally Posted by Alec

You know, do what I do.

Whenever there is "mandatory overtime" I become "sick".

why ? I would be getting the OT while the getting was good .......
I to put in 70 hours a week working , I would be slap happy if I got OT .......

smalltowngrll · 06-30-2007, 07:15 PM

The only laws that the employer must follow regarding overtime are the following:

1. They MUST pay any employee time and one half of their hourly wage for all hours worked over 40 hours in one week (in some industries it's also OT if they work over 10 hours in any given day).

2. They MUST give any employee no less than 8 hours off of work between long shifts shifts. (this does NOT include split shifts)

There is no law that prevents an employer from requiring overtime for their employees. Keep in mind that if they are giving employees a holiday off work (such as Wed. the 4th) and they require the employees to work the Saturday after...well, that's not overtime wages. Overtime wages are only required to be paid out if the employee actually WORKS that 40+ hours.

smalltowngrll · 06-30-2007, 07:16 PM

Quote:

Originally Posted by BroncoMan13

Florida, here's how this works. Your buddy can probably find a statue or a company policy that states OT will be schedule atleast x amount of days in advance. Hell, he may even find a company policy that says OT is voluntary and that no employee will be subjected to mandatory OT. Here's the kicker though. Even if he finds that policy that covers him, all he's doing is opening himself up for future retribution! I don't care what laws are in place. Every once in awhile you have to bite the bullet and tote the company line. I imagine your friend probably asked "nicely" for somebody else to fill that ot request. If not, that's probably his best bet. Otherwise, tell him to sack up and take it like a man.

Depending on the industry, any HR department that writes that into their policy would be foolish and not very educated. I don't know of many policy manuals that have anything of that nature in them...and I write tons of policy manuals for a living!

Rock Chalk · 06-30-2007, 07:25 PM

Quote:

Originally Posted by §Pide®

why ? I would be getting the OT while the getting was good .......
I to put in 70 hours a week working , I would be slap happy if I got OT .......

There's a difference though Spider.

When you WANT to Work OT, that's fine.

But once you put in your 40, and they WANT you to work, **** em. In this situation its "Mandatory" overtime, not volunteer OT. Which, like you said, wouldn't be so bad but he had already made plans weeks in advance.

So, if I were him, and thank God Im not, but if I were him, I'd just so happen to come down with a bad cold that weekend.

Spider · 06-30-2007, 08:44 PM

Quote:

Originally Posted by Alec

There's a difference though Spider.

When you WANT to Work OT, that's fine.

But once you put in your 40, and they WANT you to work, **** em. In this situation its "Mandatory" overtime, not volunteer OT. Which, like you said, wouldn't be so bad but he had already made plans weeks in advance.

So, if I were him, and thank God Im not, but if I were him, I'd just so happen to come down with a bad cold that weekend.

it isnt I want to work all the time ...... I have to , but I see what you are saying

Rock Chalk · 06-30-2007, 08:50 PM

You want to work all the time. I want to work never.

Thats the only difference between us. Because apparently I work all the damn time whethr I want to or not.

Stupid life. Gets in the way of my fun.

Spider · 06-30-2007, 08:51 PM

Quote:

Originally Posted by Alec

You want to work all the time. I want to work never.

Thats the only difference between us. Because apparently I work all the damn time whethr I want to or not.

Stupid life. Gets in the way of my fun.

getting a wife does that

Rock Chalk · 06-30-2007, 08:53 PM

Naw, my wife is laid back. Although this new word in her vocabulary "No" Im not too fond of.

Spider · 06-30-2007, 08:59 PM

Quote:

Originally Posted by Alec

Naw, my wife is laid back. Although this new word in her vocabulary "No" Im not too fond of.

. no is a bad word until you have kids , then No is ok

My wife is laid back , it is me that strives , my wife is upset I am working on the 4 th ... But I am still paying on the triplets

06-30-2007, 02:33 PM	#1
Florida_Bronco Got trolls? Welcome to Mile High, Brady! Join Date: Apr 2005 Location: Tampa Bay Posts: 13,810 Adopt-a-Bronco: Brady Quinn	OT: Mandatory overtime laws I know this is not football related, but does anyone know what the laws are for "mandatory overtime" in Florida and perhaps nationwide? Reason I ask is that a friend of mine's employer is trying to force him to work mandatory overtime on a day when he had made plans weeks before. I'm trying to find info on google but nothing solid so far, so I thought I'd ask in case anyone here has ever dealt with that before. Thanks in advance guys.

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06-30-2007, 02:35 PM	#2
ZachKC For The Glory Of The City Join Date: Apr 2003 Location: Kansas City Posts: 9,665 Adopt-a-Bronco: Eddie Kennison	Seems fishy.

06-30-2007, 02:51 PM	#3
Archie R Gang Join Date: Sep 2005 Location: Longmont, CO Posts: 1,151 Adopt-a-Bronco: Keith Bishop	Nope.... I did a "windows live" search and got the department of labor web site. Here's the link and the key paragraph... http://www.dol.gov/compliance/guide/minwage.htm The Act does not limit either the number of hours in a day or the number of days in a week that an employer may require an employee to work, as long as the employee is at least 16 years old. Similarly, the Act does not limit the number of hours of overtime that may be scheduled. However, the Act requires employers to pay covered employees not less than one and one‑half times their regular rates of pay for all hours worked in excess of 40 in a workweek, unless the employees are otherwise exempt. Most employment is "at will" for both the employer and the employee. So, the law here would affect non-exempt employees in terms of how much they are paid but would not stop an employer from scheduling the time. So, from the "at will" perspective the employee can choose to quit if they don't like it.

06-30-2007, 03:04 PM	#4
Broncoman13 Broncoholic JT #80 Join Date: May 2001 Location: Colorado Posts: 16,961 Adopt-a-Bronco: Orange Julius	Florida, here's how this works. Your buddy can probably find a statue or a company policy that states OT will be schedule atleast x amount of days in advance. Hell, he may even find a company policy that says OT is voluntary and that no employee will be subjected to mandatory OT. Here's the kicker though. Even if he finds that policy that covers him, all he's doing is opening himself up for future retribution! I don't care what laws are in place. Every once in awhile you have to bite the bullet and tote the company line. I imagine your friend probably asked "nicely" for somebody else to fill that ot request. If not, that's probably his best bet. Otherwise, tell him to sack up and take it like a man.

06-30-2007, 04:11 PM	#6
Rock Chalk Cheeky Bastards Laus Deo Join Date: Oct 2001 Location: The Backside of the Internet Posts: 29,940 Adopt-a-Bronco: Chris Harris	You know, do what I do. Whenever there is "mandatory overtime" I become "sick".

06-30-2007, 07:15 PM	#8
smalltowngrll Orange Blue Join Date: Dec 2005 Location: Bend, OR Posts: 8,038 Adopt-a-Bronco: dortoh	The only laws that the employer must follow regarding overtime are the following: 1. They MUST pay any employee time and one half of their hourly wage for all hours worked over 40 hours in one week (in some industries it's also OT if they work over 10 hours in any given day). 2. They MUST give any employee no less than 8 hours off of work between long shifts shifts. (this does NOT include split shifts) There is no law that prevents an employer from requiring overtime for their employees. Keep in mind that if they are giving employees a holiday off work (such as Wed. the 4th) and they require the employees to work the Saturday after...well, that's not overtime wages. Overtime wages are only required to be paid out if the employee actually WORKS that 40+ hours.

06-30-2007, 08:50 PM	#12
Rock Chalk Cheeky Bastards Laus Deo Join Date: Oct 2001 Location: The Backside of the Internet Posts: 29,940 Adopt-a-Bronco: Chris Harris	You want to work all the time. I want to work never. Thats the only difference between us. Because apparently I work all the damn time whethr I want to or not. Stupid life. Gets in the way of my fun.

06-30-2007, 08:53 PM	#14
Rock Chalk Cheeky Bastards Laus Deo Join Date: Oct 2001 Location: The Backside of the Internet Posts: 29,940 Adopt-a-Bronco: Chris Harris	Naw, my wife is laid back. Although this new word in her vocabulary "No" Im not too fond of.