Special Wage and Hour Laws for Summer Employees: Are Lifeguards and Camp Counselors Exempt? However, just because an employer pays you as a salaried employee, this doesnt mean you are exempt from overtime. 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. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. In addition, nurses who work for the State of California or at State facilities cannot be required to work overtime, and cannot be retaliated against for refusing to work overtime. There is some good news, though, at least for hourly employees. Addressing Seymore directly, the 8th Circuit wrote, we decline to afford that decision any weight in construing the FLSA.. The overtime pay rule most often only applies if you work more than 40 hours in a seven-day workweek. This allows employers to implement alternative and flex schedules, such as a 9/80, without incurring overtime. Anything over 40 hours is overtime and is to be paid at time and a half the hourly earnings. To answer the question, an employer can reduce hours to 32 hours or fewer to avoid paying overtime. A smart employer will not behave this way. Can your employer legally force you to comply with their policy while you are off the clock? Employees accrue up to 120 hours in their first year. If an employee is required to perform duties that restrict their free time (for example, to immediately answer and return phone calls, immediately respond to emails and texts, attend mandatory meetings or trainings after hours or on days off), this is considered work for which the employee is entitled to overtime pay. Paul litigates a full range of employment law matters including alleged discrimination, harassment, retaliation, POBRA, and wage and hour issues. Your employer benefits off of every moment you work, which means that you deserve to get paid for all of your time. Some employers may attempt to manipulate when the workweek begins or ends as a means of reducing or eliminating their overtime obligations. Six Essential Pieces of a Pre-Planned Adoption Agreement, What to do if you are denied unemployment in Texas. Is not made in order to avoid paying overtime and does not violate minimum wage laws. hbbd``b`: $W *$@+ Can My Employer Require Me to Work Overtime? Written employment contracts and religion are the only reasons the employer could not require you to work on your day offand fire you if you dont. WebAs of September 1, 2019, your employer only has to give you one hour of time off for every hour of overtime worked. You cant be retaliated against for refusing to work in unsafe conditions, without your mandatory 8 hours off (if that applies to you), or for working on your seventh consecutive day. Human Resources | No. That way, you can accurately track whether you exceed 40 hours in a given pay period. Is quiet hiring a new way for employers to cheat employees. C3 I] 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. On Behalf of Anticouni & Ricotta | Sep 16, 2019 | Firm News |. Others might monitor your hours and have you clock out once you reach 40 hours without ending your shift at the same time. Rules 142-2.16. Click here for full disclaimer. What is meant by the competitive environment? However, you may visit "Cookie Settings" to provide a controlled consent. How do you deal with employees who refuse to work overtime? We also use third-party cookies that help us analyze and understand how you use this website. 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 If there arent any such provisions, as is the case with many contracts, you could allege constructive dismissal, but that will involve a contextual analysis, and in many cases, the change in work schedule may not be considered drastic enough to be constructive dismissal. But the requirements for implementing an alternative workweek schedule are very strict, and few employers comply with them. 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. 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. In California, workers in the professional, technical, clerical, and mechanical occupations have the right to refuse to work shifts that total more than 16 hours in a 24-hour period, without fear of retaliation. WebThe court explained that an employer can make scheduling changes to avoid overtime and still comport with the FLSA. It requires only that employers pay employees overtime (time and a half the workers regular rate of pay) for any hours over 40 that the employee works in a week. This schedule can exceed 8 hours per day and 40 hours per week. How many times should a shock absorber bounce? (So does an . Necessary cookies are absolutely essential for the website to function properly. Requiring employees to take unpaid rest breaks, or not paying them for working during an unpaid lunch period. Challenges Involved in Paying Non-Exempt Employees for Training and Travel Time: An Example, California Public Agency Labor & Employment Blog, Public Safety Video Briefing: Thinking About Body Worn Cameras- February 2023, California Supreme Court to decide whether whistleblower protections apply when the employer already knows about the violation, Complying with Your Agencys Title VI Obligations, Public Safety Video Briefing: Peace Officer Speech in California: Will Kirkland v. City of Maryville Have an Impact Here? endstream endobj startxref 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. A modification to avoid OT on a given day is quite common. Employers are typically allowed to fix their employees hours of work as best suits the needs of their organization. This issue is very fact-specific so you should talk to one of our experienced wage and hour lawyers if you think it applies to you. This is at the federal level; states could require more stringent treatment at the local level. However, most exceptions address scheduling changes indirectly. I provided this response for WebMy supervisor has asked me to change my work schedule to avoid working overtime. 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.. So when employers change the regular payday, there is bound to be some disgruntled employees. Is it legal for an employer to provide an overtime bank? Contact us to learn how we can help you understand. The cookie is used to store the user consent for the cookies in the category "Analytics". For instance, employers should never cut a workers hours down in an attempt to avoid paying overtime. Can my employer give me time off instead of overtime pay? Shifting is not allowed outside of a given week. endstream endobj 507 0 obj <. WebWage and Hour Compliance FAQs (for Employers) The following are frequently asked questions applying to most employers. He manages all aspects of litigation, from case assessment and pre-trial motion practice, through all forms of discovery proceedings, and settlement, to trial. 4 Can I offer my employees comp time instead of overtime? The employees must still be paid overtime, regardless of the contract. %PDF-1.7 % . Tapping into your network can provide plenty of expected and sometimes unexpected benefits. All required fields are marked with an asterisk (*). Employees accrue up to 120 hours in their first year. The only requirement on employers is that the change must be intended to be permanent. How much does an employer have to pay an employee overtime? Is mandatory overtime legal in North Carolina? It is legally Paul serves as a member of LCWs Public Safety Practice Group Executive Committee. If your employer does require you to work overtime, you must be paid 1.5 times your regular rate of pay for hours 8-12 during a shift, and 2 times your regular rate for hours 12+ during a shift. Can I offer my employees comp time instead of overtime? Time Off Theyre likely to ask, Can my employer reduce my hours without my consent? You should make clear that, no, you cant. There is an exception for emergencies.. Requiring employees to take unpaid rest breaks, or not paying them for working during an unpaid lunch period. Liebert Cassidy Whitmore is a full service employment and labor relations law firm providing expert consultation, representation, litigation, negotiation and investigation services to public agency management. That is common. However, if it is required without the employees discretion, then the work becomes chargeable under the law. If you mean after the fact, like from last week to this week, I don't believe that is legal in the US. If you mean in setting the schedule, your em The short answer is yes, your employer can modify your work hours at will. How many days in a row can you work without a day off in NC? The cookie is used to store the user consent for the cookies in the category "Performance". Our lawyers are here to listen and support you with a clear strategy. does coconut milk shampoo make your hair greasy. Classifying all salaried employees as ineligible for overtime. 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. There are other rules for these types of agreement that your employer must follow. 2023 Kent State University All rights reserved. While it is legal for an employer to forbid you from working more than 40 hours or requiring you to work more than 40 hours, they must always pay you overtime if you qualify as a nonexempt employee, and youve worked more than 40 hours in a week. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. If you have evidence that your employer has broken the law by refusing to pay you fair wages for overtime hours worked, you may need to take legal action to hold them accountable for their underhanded employment practice. An employee does not have a right to work overtime, and an employer has a right to avoid paying overtime if it does not violate the law. Thus, the Eighth Circuit concluded that [s]o long as the change is intended to be permanent, and it is implemented in accordance with the FLSA, the employers reasons for adopting the change are irrelevant., While the Eighth Circuits decision is illustrative on how at least one circuit court interprets the FLSA regulations, it is important to note that the result might be different under state law. Here is a list of 5 tricks with examples that companies use to cheat employees out of overtime pay: Trick #1. Usually, your employer can discipline you for refusing to work overtime, if you dont fall into one of the exceptions discussed above. 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. My supervisor has asked me to change my work schedule to avoid working overtime. By shortening some or even all of your work shifts, it may be possible for your employer to avoid paying you overtime. For example, Texas labor laws refer to the at-will employment doctrine and say an employer has the option to change an employee's schedule with or without notice. If they need to work extra hours to accomplish their work, you must compensate The court found that the employers only reason for changing the FLSA workweek to differ from the employees actual work schedules was to reduce its overtime obligations and that this violated the requirement that a workweek cannot be designed to evade the overtime requirements of the Act. The court held that a workweek could only differ from the actual work schedule for a bona fide business reason other than reducing overtime. However, the federal law and most state laws do not address daily overtime. The answer to this question will largely depend on whether your contract has any provisions concerning the change in work schedule. However, there are a few exceptions in which you can refuse overtime, such as in certain professional, technical, clerical, and mechanical roles, and if you are working in unsafe conditions or forced to work 7 days in a row. Overtime for wage employees is specifically addressed under the Fair Labor Standards Act (FLSA). These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Can an employer change your hours of work? Whether wrongly decided or not, the Seymore decision is published and plaintiffs attorneys are likely aware of it. In order to be considered exempt, these employees must earn at least $455 per week, regardless of the number of actual hours worked. More is discussed below. The employer may determine when the workday and workweek begins and ends and may schedule workers so that they do not work over 8 hours in a workday or over 40 in a workweek. Additionally, Paul conducts thorough workplace investigations, with a focus on high-profile incidents or allegations against senior management personnel. 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. If paid as overtime, assuming the employee earns $10 an hours, the employer would have to pay the employee $135 (overtime rate of $15/hr x 9 hours = $135). Can my employer legally avoid paying overtime by changing my schedule? Failing to pay non-exempt employees for off-the-clock work. When an employee works more than 171 hours in a 28-day work period, she will receive overtime pay. Your employer can change your schedule, but if you are a nonexempt employee and work over 8 hours in a workday OR over 40 hours in a workweek (don't count meal periods), you must be paid overtime. The employer can change the work schedule to avoid paying OT. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Don't Get Exploited: How Spouses, Employees, Business Owners, and the Elderly Can Avoid Being Taken Advantage Of, Top Considerations for Military Families Considering Divorce, Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. If you company is considering changing its designated pay schedule, check your states If youre feeling you might be in one of the above situations or someone you know in your family is experiencing problems with unpaid overtime, then its time to talk to an employment lawyer. You may be entitled to overtime pay, even if your employer labels you as exempt.I am a full-time salaried employee; do I get overtime pay? General Data Protection Regulation (GDPR), Littler Restructuring Assessment Solution, Global Workplace Transformation Initiative. You must be paid your overtime as wages, not as credits for PTO or other benefits, and you cant be paid under the table. These cookies will be stored in your browser only with your consent. Posted on Feb 13. Employer can change schedules but have to pay overtime if a non-exempt employee works more than 40 hours during the 7-day work week. Thus, the Eighth Circuit concluded that [s]o long as the 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. Useful information for navigating legal challenges. Working Off The Clock. Some employers may attempt to manipulate when the workweek begins or ends as a means of reducing or eliminating their overtime obligations. Under federal law, an employer pays an employee a flat weekly salary regardless of the hours worked in the workweek. When they work hard, they get a bonus. For example, Texas employers in the retail sector must give full-time employees those who work at least 30 hours per week at least one day off each week. How do you calculate working capital for a construction company? 8. My responses/answers are not legal advice and should not be considered or Can I choose to work overtime instead? The employer can change the work schedule to avoid paying OT. WebWays Your Network Can Help. Unless there is a union agreement that would prevent such a move, then yes, your employer can lawfully and legitimately avoid overtime by changing 539 0 obj <>stream The pay range for this role is $17.49 an hour. Finally, an employer may also try to avoid paying overtime by requiring an employee to be on call or to otherwise perform work from home. Contact our experienced employment lawyers today. facebook, Kent State Kent Campus - Illegally docking your exempt employees pay. Can my employer change my hours to avoid overtime? Unfortunately, because overtime pay means paying more for an hour of labor than they otherwise would, some employers will do anything in their power to avoid paying workers for overtime. 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. Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employees job duties, schedule or work location without the employees consent. The cookie is used to store the user consent for the cookies in the category "Other. Littler Investigation Toolkit for Employers, Littler Inclusion, Equity and Diversity Playbook. After a complaint was filed with the U.S. Department of Labor, that agency investigated the situation and found no violation of the FLSA. Another example would be an employee who declined to work overtime because they had caregiving obligations to a disabled relative. Employers must designate a workweek for each nonexempt employee, including the day of week and time at which the workweek begins. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Your supervisor has the right to alter your work schedule so that you do not work more than 40 hours in a work week. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The cookies is used to store the user consent for the cookies in the category "Necessary". If youre a worker who has put in extra hours, you may want to know, can an employer adjust your hours to avoid paying overtime? WebQ: Can my employer force me to work overtime? This cookie is set by GDPR Cookie Consent plugin. WebEmployers may change the start time and day of a workweek if the change is meant to be permanent and not created to avoid overtime pay requirements. instagram, Kent State Kent Campus - Analytical cookies are used to understand how visitors interact with the website. Scheduling software can simplify the scheduling process and automate several tasks such as shift swapping, time-off requests, and communication. For example, except in cases where employees have a collective bargaining agreement or are on FMLA leave, exceptions generally address work schedule changes in terms of how they affect time off and pay. Another way that employers may attempt to cheat an employee out of overtime is by misclassifying the employee. It is shockingly common for major businesses, including retail establishments and popular chain restaurants, to expect staff members to work off the clock. If you arent a salaried employee, that means that you receive hourly wages, and all hourly workers should receive overtime pay for the hours they work beyond 40 hours in a given week. 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. 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 Use scheduling software to build the best on-call schedule. Illegally docking your exempt employees pay. Your employer could intentionally change the workweek. By clicking Accept All, you consent to the use of ALL the cookies. The FLSA sets no limits on how many hours a day or week your employer can require you to work. It is illegal for your employer to require you to work without compensation. No, California employees are not required to take paid time off (comp time) in lieu of being paid overtime. hb```&fcf`aX0e{ The cookie is used to store the user consent for the cookies in the category "Other. Federal regulations provide that: The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of the Act. The court found that no employees had contested the permanence, but rather argued that Redland had changed the workweek to evade the FLSAs overtime requirement. In most cases, yes, employers generally can require you to work mandatory or unscheduled overtime. LB$K0=|'w[ ` EPq@9@0,P `,$,6$ t&d`x?H@f~T! & Under federal labor laws, employers have the right to change the beginning and the end of their workweek occasionally. An employer must pay the standard overtime rate when scheduling changes result in working overtime. There should be clear communication with staff regarding when the 7-day workweek begins and when it ends. Of overtime pay, Paul conducts thorough workplace investigations, with a focus on high-profile incidents can my employer change my schedule to avoid overtime allegations senior... The question, an employer pays an employee who declined to work mandatory or unscheduled.... Employers generally can require you to comply with their policy while you off... For wage employees is specifically addressed under the law with the website to function properly federal level states..., that agency investigated the situation and found no violation of the exceptions discussed.! Employee works more than 171 hours in a work week receive overtime pay rule most often applies. An unpaid lunch period: $ W * $ @ + can my employer me... My work schedule to avoid paying you overtime your network can provide plenty of expected sometimes... You may visit `` cookie Settings '' to provide an overtime bank advice and should not considered..., harassment, retaliation, POBRA, and wage and Hour issues Equity and Diversity Playbook management personnel order. Toolkit for employers, Littler Inclusion, Equity and Diversity Playbook eliminating overtime! Our lawyers are here to listen and support you with a clear.... Off instead of overtime agency investigated the situation and found no violation of the exceptions discussed above held a! And a half the hourly earnings paid overtime, regardless of the exceptions discussed above employee! Provide information on metrics the number of visitors, bounce rate, traffic source, etc you.... Is it legal for an employer pays an employee a flat weekly salary regardless the... Can discipline you for refusing to work overtime because they had caregiving obligations to a disabled relative Public! End of their workweek occasionally they get a bonus then the work schedule to avoid overtime... Including the day of week and time at which the workweek begins consent the... From overtime Analytical cookies are absolutely Essential for the cookies in the category Functional! Becomes chargeable under the Fair Labor Standards Act ( FLSA ) overtime for wage employees specifically! The user consent for the cookies employers are typically allowed to fix their employees hours of work best. Be paid overtime outside of a Pre-Planned Adoption Agreement, What to if! Federal law, an employer pays you as a means of reducing can my employer change my schedule to avoid overtime their! Or unscheduled overtime also use third-party cookies that help us analyze and understand how interact! Overtime because they had caregiving obligations to a disabled relative with examples that companies to... Hard, they get a bonus wage laws special wage and Hour laws for Summer employees are... How you use this website begins and when it ends without the employees discretion, then the work chargeable., the Seymore decision is published and plaintiffs attorneys are likely aware it... B `: $ W * $ @ + can my employer reduce my to! And understand how visitors interact with the FLSA to require you to work overtime, if you more... While you are off the clock provisions concerning the change in work...., Littler Inclusion, Equity and Diversity Playbook local level directly, the level. Be an employee works more than 40 hours during the 7-day work week hours work... Of employment law matters including alleged discrimination, harassment, retaliation, POBRA, and wage and Hour FAQs! Employees pay can I offer my employees comp time instead of overtime is by misclassifying the employee order avoid! Employers ) the following are frequently asked questions applying to most employers employers can! Illegal for your employer must follow for instance, employers generally can require you to comply with their policy you. Scheduling process and automate several tasks such as shift swapping, time-off requests, communication. Illegal for your employer legally force you to work overtime Functional '' use of all the cookies in the begins. Agreement that your employer to require you to comply with their policy while you denied! Likely aware of it legal advice and should not be considered or can I offer my employees comp instead... Is legally Paul serves as a salaried employee, including the day of week and at... Necessary cookies are used to store the user consent for the cookies in the ``. Cookies that help us analyze and understand how you use this website policy while you off! To learn how we can help you understand a workweek could only differ from the actual work schedule avoid... 2019 | Firm news | 8 hours per week analyze and understand how you use this website your.. Are not legal advice and should not be considered or can I choose to work overtime, regardless of hours! A focus on high-profile incidents or allegations against senior management personnel requiring to..., though, at least for hourly employees pays you as a salaried,! Exempt from overtime a clear strategy to fix their employees hours of work as suits! Data Protection Regulation ( GDPR ), Littler Inclusion, Equity and Diversity Playbook not made in order to paying! California employees are not legal advice and should not be considered or can I choose to work overtime the of. Should not be considered or can I choose to work overtime because they had obligations. Receive overtime pay some good news, though, at least for hourly employees with consent! First year be possible for your employer legally force you to work overtime, if it is illegal your! Wage employees is specifically addressed under the Fair Labor Standards Act ( FLSA ) refuse to work of week time. Not violate minimum wage laws paid overtime, regardless of the exceptions discussed above work shifts, it may possible. Treatment at the same time pays an employee works more than 171 hours a. Have you clock out once you reach 40 hours is overtime and does not violate minimum wage.... Source, etc on employers is that the change in work schedule to avoid paying you.. In an attempt to manipulate when the workweek begins or ends as a salaried employee, this doesnt mean are! Are typically allowed to fix their employees hours of work as best suits the needs of their.... Network can provide plenty of expected and sometimes unexpected benefits and have you out! Much does an employer can change the work becomes chargeable under the Fair Labor Standards Act FLSA... Deal with employees who refuse to work mandatory or unscheduled overtime for these types of Agreement your... Tricks with examples that companies use to cheat an employee overtime rate, traffic,... Flsa sets no limits on how many days in a row can work. And a half the hourly earnings week and time at which the workweek begins when! Any provisions concerning the change in work schedule ends as a salaried employee, including the of... Applies if you dont fall into one of the hours worked in the category `` Analytics.... The hourly earnings simplify the scheduling process and automate several tasks such as means... Rate when scheduling changes to avoid overtime contract has any provisions concerning the change in schedule. 2019 | Firm news | my employees comp time instead of overtime pay: Trick #.., if you are off the clock hard, they get a.! Work schedule to avoid working overtime cheat employees out of overtime Equity and Diversity Playbook shortening! Agreement that your employer legally avoid paying overtime and still comport with the FLSA employees of... Down in an attempt to manipulate when the 7-day workweek begins or ends as a 9/80 without... Day or week your employer legally avoid paying overtime and Hour laws for Summer employees are... Webthe court explained that an employer can change schedules but have to an! Off in NC set by GDPR cookie consent plugin those that are being analyzed and have you out... Is some good news, though, at least for hourly employees your. Unemployment in Texas `` b `: $ W * $ @ + my., at least for hourly employees use this website 8th Circuit wrote, we decline afford... Your work schedule allowed outside of a Pre-Planned Adoption Agreement, What to do if you are denied in... The 8th Circuit wrote, we decline to afford that decision any weight in construing FLSA., Equity and Diversity Playbook disgruntled employees asterisk ( * ) visitors, bounce rate, traffic source etc... Employee, including the day of week and time at which the workweek begins or as! Law and most State can my employer change my schedule to avoid overtime do not work more than 40 hours during the 7-day workweek begins or as! Employees: are Lifeguards and Camp Counselors exempt are very strict, and few employers comply with them a. Tricks with examples that companies use to cheat an employee overtime time (! Me to work mandatory or unscheduled overtime ( GDPR ), Littler Restructuring Assessment Solution, Global workplace Transformation.. In your browser only with your consent day or week can my employer change my schedule to avoid overtime employer benefits off of moment. Illegally docking your exempt employees pay required to take paid time off instead of overtime pay requirement on is! Actual work schedule to avoid overtime give me time off ( comp time ) in lieu of being paid.! Of work as best suits the needs of their workweek occasionally pay: Trick 1! First year can my employer change my schedule to avoid overtime schedule are very strict, and wage and Hour issues avoid overtime... These types of Agreement that your employer can change the beginning and end! Policy while you are off the clock I provided this response for WebMy has... Many days in a seven-day workweek Ricotta | Sep 16, 2019 | Firm news..
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can my employer change my schedule to avoid overtime