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Can an employer ask you to work extra hours without pay?

Can an employer ask you to work extra hours without pay?

Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment. However, the employer must ensure that employees’ average pay does not fall below the relevant national minimum wage rate.

Can my employer force me to increase my hours?

An employment contract can only be varied if there is agreement or if the terms allow it. If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then your employer may be able to make the change without your agreement.

Do companies have to pay time and a half for overtime?

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.

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How much notice must an employer give to change working hours?

The notice period for the change to working hours must also be agreed with the employee in advance of any change being imposed. The general rule here is that you must provide a minimum of one week’s notice for each completed year of service and at least the same amount of notice if you were dismissing the employee.

How much notice does an employer have to give to change contract?

Although not all changes of contract need to be set out in writing, you must give written notification within one month of any changes that relate to the employee’s main terms and conditions, such as working hours or job location.

What is the minimum hours an employer must pay?

Employees must be paid for at least 3 hours of pay at the minimum wage each time they’re required to report to work, or come to work for short periods. This 3-hour minimum doesn’t apply if the employee isn’t available to work the full 3 hours.

How can a company get away with not paying overtime?

If your employer has violated California wage and hour laws, you may be able to recover the unpaid overtime pay through bringing a labor board complaint or filing a lawsuit against your employer.

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Can you work 14 hours a day?

Some employees may have much longer shifts, working 12 hours or more in a single day. So, while it is indeed legal to work 12 hours a day or more in California, the employee must be compensated at double the regular rate for the hours past 12. Between eight and 12 hours, they must be paid time and a half.

Can an employer change your schedule to avoid paying overtime?

The U.S. Court of Appeals for the Eighth Circuit recently confirmed that the Fair Labor Standards Act (“FLSA”) does not prohibit an employer from modifying its workweek in order to avoid overtime costs. The only requirement on employers is that the change must be intended to be permanent.

Can my hours be cut and give to someone else?

Assuming that you are an employee then your existing contract of employment can only be varied with the agreement of both parties. I would advise you to make it clear to your employer that you do not agree to any change in your hours and that you wish to remain on your current contract.

Can an exempt employee be made to work extra hours?

So, if an employer has an exempt employee and they need them to work extra hours, based on their exempt status, they can ask them to put in those extra hours without providing additional compensation—so, technically, they’d be working without (additional) pay.

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Do employers have to pay you for every minute you work?

The Bottom Line: Your employer must pay you for EVERY minute you work, and pay you TIME AND A HALF for every minute you work OVER 40 hours as long as you are a non-exempt employee. Period. Require employees to work more than 40 hours. Rule that employees not work over 40 hours.

How much should I be paid for extra hours worked?

You should receive whatever is the contractual hourly rate for the extra hours worked, but in any event, your average basic pay (that is, your pay before taking into account any enhancements such as “time-and-a-half”), for each ‘pay reference period’, must be at least the National Minimum Wage .

Can my employer require me to work without pay?

So, employees that are covered under the FLSA legally can’t be required to work without pay—but that doesn’t mean that some employers don’t ask. “Off the clock” is a blanket term that covers any hours you a) work outside of your regular shift, and b) don’t officially clock in for—and, as such, aren’t compensated for.