What happens if I refuse overtime?

Non-guaranteed overtime If an employee refuses to work overtime they are obliged to work, the employer may view this as a breach of the contract and proceed with disciplinary action.

Can I refuse to work unpaid overtime?

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 you legally say no to overtime?

Under the modern awards and the Fair Work Act 2009, employers can request that employees work “reasonable overtime”. If a request for reasonable overtime made by the employer to the employee is refused, it could have consequences for the employee.

Can an employer force you to work overtime in Massachusetts?

State and federal law both require overtime pay for employees who work more than 40 hours in a workweek. Some jobs and workplaces are not required to pay overtime under Massachusetts law. However, an employee who does not have a right to overtime under state law may have a right to overtime under federal law.

Can I cancel my overtime?

Unless your contract guarantees you overtime, your employer can stop you working it. But your employer must not discriminate against you, or bully you, by letting others work overtime while denying you the opportunity.

Can an exempt employee be forced to work overtime?

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.

Who is exempt from overtime pay?

The Fair Labor Standards Act (FLSA) states that employees employed as “bona fide executive, administrative, professional and outside sales employees” and “certain computer employees” may be considered exempt from both minimum wage and overtime pay. These are sometimes called “white collar” exemptions.

Does my employer have to pay me my contracted hours?

If an employee is laid off or put on short time working, they are entitled to be paid for their contracted hours, even if those hours are not worked, providing they are available for work.

Is it legal for a company to reduce your pay?

If an employer cuts an employee’s pay without telling him, it is considered a breach of contract. Pay cuts are legal as long as they are not done discriminatorily (i.e., based on the employee’s race, gender, religion, and/or age). To be legal, a person’s earnings after the pay cut must also be at least minimum wage.

What are the labor laws for overtime in Massachusetts?

The labor laws in that state require employers to pay their employees an overtime rate of one and one half their base pay whenever they work more than 40 hours in a workweek. There are exemptions, but those situations are rare and based on circumstance. Massachusetts has laws on their books known as Blue Laws.

Are restaurant employees exempt from overtime in Massachusetts?

Restaurant employees are exempt from overtime under the state law, but not under federal law. For federal law guidance on restaurant worker overtime, please call the U.S. Department of Labor’s Wage and Hour Division in Boston at (617) 624-6700.

What are the overtime laws and exceptions in the US?

Provides brief descriptions of overtime laws and exceptions. Most employees must be paid one and one-half times their regular hourly rate for all hours worked in excess of 40 hours in a given work week. Overtime pay, US Dept. of Labor.

Can an exempt employee sue for triple damages under Massachusetts wage law?

An employee who is exempt under Mass. overtime law but nonexempt under Federal law can bring suit for triple damages under the Massachusetts Wage Law. Mullally v. Waste Management of Massachusetts, 452 Mass. 526 (2008) Discusses the interplay between overtime and prevailing wage laws.