Mandatory overtime laws

[gravediggah]

Is there a law against this in Oklahoma, I did a search but was unable to find anything on the subject. Also my job is saying if you dont work the mandatory overtime they will count it off your attendance...can they do this?

 

[Brutuskend]

Welcome to ATOT.

That having been said. I don't know.

Sounds fvcked up though!

 

[Mr N8]

What kind of work do you do? I guess in this economy, I would be glad that they are giving overtime, and take it. Its a lot easier than finding a decent job right now.

 

[Viper GTS]

It varies by state, but in Oregon it is completely legal for them to require OT.

They could make you work 7 14 hour days if they wanted, as long as they paid you properly for it & gave your your breaks/lunches.

Viper GTS

 

[beer]

Yea, I think they can, as long as they pay you 1.5x overtime pay.

 

[KC5AV]

Most states allow employers to require OT, they just have to pay you for it. Welcome to ATOT.

 

[gravediggah]

I work in a call center. As far as working the OT...I think 8hrs is long enough.

 

[gravediggah]

Thanks for all the welcomes...glad to be here, although I have been here since 12/02, just never posted

 

[Viper GTS]

Originally posted by: yeahiknow
I work in a call center. As far as working the OT...I think 8hrs is long enough.

Check your state laws, but it's virtually certain that the answer is:

If you don't like it, quit.

I work in a call center too, mandatory OT is pretty much part of the job. We had mandatory 1/2 hour lunches for 4+ months straight.

Viper GTS

 

[Kevin]

Originally posted by: yeahiknow
I work in a call center. As far as working the OT...I think 8hrs is long enough.

Yeah, but you'll probably make time and half or double time. A lot of companies hate overtime for that reason. Usually if someone offers it, everyone signs up...

 

[alkemyst]

They can require overtime...this should have been part of the paperwork when you were hired, they also have to pay you time and a half in most states if not all.

Supervisors and salaried workers are exempt, but there are laws governing that too (you can't just make someone a 'supervisor' to skirt around overtime).

Now, if you did not sign anything and have been working a long time there without an OT requirement previously...an attorney may be able to get you out of it, however, they will more than likely find another technicality to get rid of you.

 

[gravediggah]

Well can they count it against your attendance

 

[Ferocious]

I believe they can require it pretty much anywhere.

1 1/2 pay is also usually required......that is unless Bush gets his way and eliminates required overtime pay for overtime work.

If you are scheduled to work...and don't...sure they can count it against your attendance.

 

[Hammer]

they can

 

[technogeeky]

It's hard to determine what you are asking, however:

If you work 40 hours in a week and your are scheduled for 50. If you do not work the extra ten, they can not dock your pay below 40 hours, that is certainly illegal.

Can they say, "This employee is not showing up at work" because you don't for overtime? yes.

 

[jlee]

I have no idea..but Publix management works 50hr weeks..the first 40 at their normal $/hr, and the extra ten at time & a half..

 

[gravediggah]

Originally posted by: technogeeky
It's hard to determine what you are asking, however:

If you work 40 hours in a week and your are scheduled for 50. If you do not work the extra ten, they can not dock your pay below 40 hours, that is certainly illegal.

Can they say, "This employee is not showing up at work" because you don't for overtime? yes.

Not to make a big issue out of this, I am just wanting to find out what's the deal.

I am referring to the OT affecting my attendance if I dont work it, making it go higher.

 

[josphII]

what call center do you work at?

in Oklahoma...

im not sure about the max number of hours they can make you work in any given week but they have to either give you time and a half for every hour over 45 or give you an equal amount of comp time, thats the law as I have been told by a long time resident of Oklahoma.

 

[gravediggah]

Decision One

 

[alkemyst]

Originally posted by: yeahiknow

I am referring to the OT affecting my attendance if I dont work it, making it go higher.

The way you are wording this is very confusing.

The basics are if you are supposed to work 50 hours and only work 40, they can not dock your pay any amount...they could possibly take those 10 hours off your vacation / personal time until it is 'paid off'.

An employer cannot directly have someone 'work' (not counting study/internship programs) and not pay them for any reason. They can take away bonuses and time off as they are usually contingent on working 'full-time' for the company which doesn't have to equal federal 'full-time'.

However, a company cannot claim anything over 40 hours is considered only 'part-time' and not pay you a wage equal to at least 1.5 times your normal hourly rate for the hours worked over 40. They cannot also require some 'full-time' employees work only 37 hours and some at the same job/pay work more for the same bonuses/benefits..federal law defines full-time as 37 hours worked per week or more. I do think that you can require one department to work 50 hour weeks and another only 40 hours for the same bonuses/benefits as long as the departments are different functions.

They can fire you based on not working. I think there is technically no hour limit for an employee being required to work as long as the federal required breaks and whatever state breaks are given...however most employers want a productive employee, not a half asleep zombie.

 

[OutHouse]

Originally posted by: Ferocious
I believe they can require it pretty much anywhere.

1 1/2 pay is also usually required......that is unless Bush gets his way and eliminates required overtime pay for overtime work.

If you are scheduled to work...and don't...sure they can count it against your attendance.

What is this about Bush wanting to eliminate overtime pay?

 

[gravediggah]

Sorry if I am not wording it correctly:

My job wants everybody to work 2hrs mandatory overtime today, and they say that if we dont they will hold it against us by having it affect our attendance if we dont do it...the pay isnt the problem as far as the time and a half we will get that....I just want to know if they can have it affect our attendance if we dont do it?

 

[oniq]

call the labor dept. and ask.

 

[alkemyst]

That's a sticky issue, if they just sprung this on you with no warning then probably not provided you have a standard set group of hours.

They can legally take hours not worked that are required off of personal/vacation time.

Either way they can do what they want and then it'd be up to you to hire counsel or take them to court yourself. Many companies violate laws knowing the employee cannot afford to take it to court, or risk a future employer being leery of past lawsuits.

I have seen two applications now that asked basically: "Have you ever sued or been party to a lawsuit against any business you have worked for?" If so, when and why did you?"

I decided against even applying when I saw that as 1) it was / should be none of their business and 2) it makes it sound like they are already taking into account I may NEED to sue them.

 

[Viper GTS]

Originally posted by: alkemyst
That's a sticky issue, if they just sprung this on you with no warning then probably not provided you have a standard set group of hours.

In Oregon they are not required to provide any notice. It is "recommended" that as much notice as possible be given, but none is required.

Viper GTS