In Seymore v. Metson Marine, Inc., a California Court of Appeal evaluated a similar situation under the California Labor Code and determined that employers may designate a workweek that differs from the schedules of their employees if the reason for the modified worksheet has a bona fide business reason which does not include the primary objective of avoiding the obligations of overtime.. A seasoned litigator, Paul defends clients in state and federal courts at both the trial and appellate levels. This website uses cookies to improve your experience while you navigate through the website. Under federal regulations, a workweek is defined as: a fixed and regularly reoccurring period of 168 hours seven consecutive 24-hour periods. Overtimeand minimum wageis also required under certain circumstances where you are not working but are on-call and waiting for work. This may give you more leeway to refuse to work when conditions are unsafefor instance, when you are being asked to stay on the job without being given sufficient time to sleep, in a way that endangers you or others. WebQ: Can my employer force me to work overtime? We also use third-party cookies that help us analyze and understand how you use this website. Helpful Unhelpful. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Amsberry Law Firm is part of the 1% of all family lawyers in Texas who are board certified by the Texas Board of Legal Specialization. Theyre likely to ask, Can my employer reduce my hours without my consent? You should make clear that, no, you cant. Under the FLSA, an employee is owed overtime for hours over 40 in a workweek, defined as a fixed and regularly recurring period of seven consecutive 24-hour periods that need not coincide with the calendar week but may begin on any day and at any hour of the day. How time-shaving reduces weekly paychecks, California employees gain more rights to sick, bereavement leave. The short answer is yes, your employer can modify your work hours at will. Unlike the general assumption that overtime starts after eight hours worked in a given day, the federal law focuses on total hours in a workweek. Click here for full disclaimer. The pay range for this role is $17.49 an hour. Unfortunately, employers sometimes change an employees schedule because they want to force the employee to quit. Every worker in California is entitled to be paid a fair wage for each hour worked. We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. However, if an employee faces a drastic change in schedule, such as being required to work evenings and weekends on a regular basis with little to no notice, can constitute constructive dismissal. endstream endobj startxref 8 How many days in a row can you work without a day off in NC? hbbd``b`: $W *$@+ Necessary cookies are absolutely essential for the website to function properly. Citing numerous cases, the Eighth Circuit opined that an employer does not violate the FLSA merely because, under a consistently designated workweek, its employees earn fewer hours of overtime than they would if the workweek was more favorably aligned with their work schedules. The court found the FLSA requires that the starting date remain constant and that the employees not work more than 40 hours within the 168 hour week without receiving overtime compensation. If you work How to Prove Age Discrimination in the Workplace, How to Avoid Age Discrimination When Applying for a Job, How to Prove Age Discrimination in Hiring Process, How to File an Age Discrimination Complaint in California. Most employers really try to avoid OT since it is more expensive in total payroll costs. If the terms of a collective bargaining agreement address scheduling, the employer must comply. Your supervisor has The U.S. Court of Appeals for the Eighth Circuit recently confirmed that the Some employees are exempt from receiving overtime pay. Our lawyers are here to listen and support you with a clear strategy. 515 0 obj <>/Filter/FlateDecode/ID[<9077B815E37245488545FF6313349DBF><4149861324905048B740F4D064F57DCB>]/Index[506 34]/Info 505 0 R/Length 63/Prev 72864/Root 507 0 R/Size 540/Type/XRef/W[1 2 1]>>stream So, its quite possible for someone to work 11 hours on a Monday but on Friday work less (5 hours) and stay under 40 hours for the week. This website uses cookies to improve your experience while you navigate through the website. By shortening some or even all of your work shifts, it may be possible for your employer to avoid paying you overtime. For example, New Hampshire employment laws require that an employer pay you for at least two hours of work at your regular pay rate. How many days in a row can you work without a day off in NC? Russell Amsberry is also a member of the Texas Employment Lawyers Association and certified in employment and labor law by the Texas Board of Legal Specialization. How do companies get away with not paying overtime? 4. Work periods can be a minimum of seven consecutive days or as long as 28 consecutive days. A: Generally, yes. The consensus is that scheduling policies are up to each employer to implement and enforce, and every employee has a duty to comply with the schedule given to them. x 9 hours = $90). In addition, you may have rights under so-called fair scheduling or predictive scheduling laws, which will be discussed more in a later blog post. I provided this response for informational purposes only, and nothing stated should be construed as legal advice specific to your situation since I have not been provided with all the facts and details. The following two tabs change content below. Pressure employees into an unspoken dont ask, dont tell situation where employees implicitly know they are expected to work more than 40 hours without overtime pay. Unless there is a union agreement that would prevent such a move, then yes, your employer can lawfully and legitimately avoid overtime by changing an employee's The answer to this question will largely depend on whether your contract has any provisions concerning the change in work schedule. Familiarizing yourself with three common tactics employers use to avoid their overtime obligations can help you prevent the abuse of your rights as an employee. It actually depends on where in the country you are. Some states do allow for employers to take (for example) a 60 hour week and pay it over a 2 we Further, although you may feel perfectly versed on why your company has made the decisions to reclassify and can give flawless descriptions of the Overtime Exempt Salary Basis Test, the FLSA and WMWA overtime exemption standards or even a solid definition of Exempt vs. Non-Exempt, this is NOT what your employees are going to All required fields are marked with an asterisk (*). Paul is also well versed in the Public Safety Officers Procedural Bill of Rights Act (POBRA) and handles sensitive disciplinary issues and high-profile civil litigation and disciplinary appeal cases regarding claims of uses of force, off-duty misconduct, and discrimination, harassment, and retaliation. Employees accrue up to 120 hours in their first year. However, you may visit "Cookie Settings" to provide a controlled consent. The cookie is used to store the user consent for the cookies in the category "Other. Can my employer give me time off instead of overtime pay? Under this rule, you cant be required to work seven days in a row, unless you want to. Tapping into your network can provide plenty of expected and sometimes unexpected benefits. Failing to pay non-exempt employees for off-the-clock work. (So does an . Were ready for your tomorrow because were built for it. WebOvertime must also be paid when your hours exceed an average of 40 hours in a week where the schedule consists of 2 or more weeks If you are a student intern, your employer may establish a modified work schedule with your approval. BUT employers often require employees to arrive early to boot up a computer, configure programs or do Yes, your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. This cookie is set by GDPR Cookie Consent plugin. Requiring employees to take unpaid rest breaks, or not paying them for working during an unpaid lunch period. This cookie is set by GDPR Cookie Consent plugin. One of the categories of exempt individuals is independent contractors. 6 How much notice does my employer have to give to change my shift pattern? facebook, Kent State Kent Campus - You also would need to be paid overtime for all of your seventh consecutive shift.). A modification to avoid OT on a given day is quite common. The Eighth Circuit affirmed, noting that although the statute does not define workweek, a Department of Labor regulation provides a meaning to the term. Once the beginning of the workweek is established, it becomes fixed regardless of the actual hours worked. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". WebTime and a Half: Overtime hours are entitled to pay at 1.5 times (time and a half) regular wage. There are other rules for these types of agreement that your employer must follow. This field is for validation purposes and should be left unchanged. You are also entitled to overtime whenever you work more than 40 hours in a week. Special Wage and Hour Laws for Summer Employees: Are Lifeguards and Camp Counselors Exempt? Paul Knothe practices in Liebert Cassidy Whitmores Los Angeles office where he advises and represents public agency and community college clients in employment law, with an emphasis on public safety issues. January 2023, Tips from the Table: Preparing a New Elected Official for Labor Negotiations. A normal work week is 40 hours of labor. Johnson signed in to law, in the late 1960s what is considered to be part time work and what is overtime w WebIt's also legal for your employer to cut your pay, either instead of or in addition to a cut in hours, unless the pay cut means that your hourly pay is below the minimum wage. The overtime mismanagement situation is common and problematic, especially given that the employee is often caught by surprise when the matter comes up, and the employer can exert a significant amount of pressure in the moment for compliance. WebMy supervisor has asked me to change my work schedule to avoid working overtime. Yes, your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. Illegally docking your exempt employees pay. The overtime pay rule most often only applies if you work more than 40 hours in a seven-day workweek. Advance notice by an employer of the change in hours is not required. Additionally, Paul conducts thorough workplace investigations, with a focus on high-profile incidents or allegations against senior management personnel. He manages all aspects of litigation, from case assessment and pre-trial motion practice, through all forms of discovery proceedings, and settlement, to trial. Paul advises public safety agencies on complex and cutting-edge issues arising from police reform legislation, including the transparency laws reducing traditionalPitchessprotections and exposing peace officer personnel records to disclosure in response to Public Records Act requests. 9 Can my employer legally avoid paying overtime by changing my schedule? 1 Can my employer change my hours to avoid overtime? So there really isn't "overtime during the (work)week". Be required to work seven days in a seven-day workweek Appeals for the website: overtime hours are entitled pay. Of seven consecutive 24-hour periods you are not working but are on-call and waiting for work also... 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