Forced Overtime Laws
- Americans put in more overtime hours than workers in any other industrialized country.Three office workers image by Vladimir Melnik from Fotolia.com
Most workers have no choice if their boss tells them they have to work overtime. The U.S. Department of Labor has no regulations prohibiting forced overtime, and workers who refuse extra hours may face consequences such as demotion or termination. The Fair Labor Standards Act provides some protection for younger workers, and it sets an overtime pay rate, but mandatory overtime is allowed. The Department of Labor does, however, allow states to write their own overtime regulations. - The Fair Labor Standards Act (FLSA) defines overtime as work that exceeds 40 hours within a seven day work week. Although the FLSA allows employers to require overtime, it also requires them to pay workers time and a half, or the regular hourly wage plus an additional 50 percent of the regular rate, for each hour of overtime. There is, however, a long list of workers who are exempt from earning time and a half. Professionals such as teachers and administrative school staff, farm workers, fishermen, seasonal workers at resorts, newspaper delivery workers, railroad and airline employees and babysitters are just some of the workers who do not collect a higher rate of pay for overtime. In addition to these exemptions, the FLSA does not apply to anyone employed at a hospital, nursing home or other facility where employees are responsible for the health and well being of patients and residents.
- Federal labor law protects minors under the age of 16 from forced overtime. Minors are also prohibited from working during school hours while school is in session, and on weekend they are only allowed to work from 7 a.m. to 7 p.m. During summer break, work hours for minors can be extended to 9 p.m. The FLSA also restricts the length of time minors can work to three hours on any school day, eight hours on non-school days, 18 hours per week while school is in session and 40 hours a week during summer break and vacations.
- Some workers do have protection against forced overtime. Union workers may be protected if their union leadership has negotiated a contract that prohibits it. Employees covered under the Americans with Disabilities Act can request that employers accommodate their disability during their required overtime hours. Nurses also have made some headway against forced overtime. Although a 2007 bid to pass a federal law against forced overtime for nurses failed, the argument that excess hours compromise patient care resonated in state legislatures. There are now 15 states with laws that prohibit mandatory overtime for nurses.
- Labor lawyers, sociologists and others who have studied the issue of forced overtime generally agree it is a common practice with a range of negative results. Although it allows businesses to avoid the cost of hiring new employees, forced overtime can trigger stress, fatigue and other health problems that will ultimately diminish a worker's job performance. Mandatory overtime can also compromise family life and the ability of parents to care for their children. It also prevents employees from taking active roles in other pursuits such as volunteer work or community activities.
Time and a Half
Age and Overtime
Protected Workers
Negative Consequences
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