Q&A

Can an employer prohibit overtime?

Can an employer prohibit overtime?

Can a company legally withhold pay for unauthorized overtime? No. Per the FLSA, nonexempt employees must be paid for time and a half when they are “suffered or permitted” to work more than 40 hours in a workweek (8 hours a day in some states).

Is there a law against working too many hours?

For adult employees, there is no legal limit to the number of hours that one can work per week, but the Fair Labor Standards Act dictates standards for overtime pay in both the private and public sector. FLSA does not cover double time. Those are agreements between an employer and employee.

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Does unapproved overtime have to be paid?

Yes. If your employees are entitled to overtime payments, you have to pay up, whether the overtime was authorized or not. The rules on overtime were established by the Fair Labor Standards Act (FLSA), which created the 40–hour workweek when it came into law in 1938.

Do employers have to pay for unapproved overtime?

Yes, under California employers must pay employees who work unauthorized overtime — if the employer knows about it. If the employer knows that the employee worked overtime, whether it was authorized overtime or unauthorized overtime, the employer has to pay for it.

Why do employers not want to pay overtime?

There are just as many reasons why employers fail to pay their employees overtime as there are ways to avoid paying them, most notable because: It’s less expensive to violate overtime regulations since only a hand full of employees ever file a claim for unpaid overtime. They simply don’t know they have to pay overtime.

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Can you be forced to stay at work?

The short answer is that in the US, your boss is most likely allowed to terminate you for not staying longer when asked. He does have to pay you for the hours worked and comply with overtime laws where you perform the work, provided you are not exempt, being paid a salary.

Is a 14 hour shift legal?

It depends on where you are but in most U.S. states it’s perfectly legal as long as they pay you for the hours worked.

Can an employer force an employee to work mandatory overtime?

Can Employers Force Employees to Work Mandatory Overtime? The answer is yes, an employer can force employees to work mandatory overtime. Employers can also terminate an employee for refusal to work the mandated overtime. The Fair Labor Standards Act (FLSA) is responsible for establishing the 40-hour work week for employees.

When do you have to pay overtime pay to nonexempt employees?

The Fair Labor Standards Act requires employers to pay nonexempt employees overtime pay when they exceed 40 hours of work in a single workweek. Some states have more restrictive laws on the books.

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What are the federal overtime laws?

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.

Can a company fire an employee for refusing to work overtime?

Employers can also terminate an employee for refusal to work the mandated overtime. The Fair Labor Standards Act (FLSA) is responsible for establishing the 40-hour work week for employees. The law does not place a maximum limit on the number of hours employers can require their employees to work.