Can my employer fire me for refusing to work 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. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
Can u be forced to do overtime?
You are obliged to work the hours set out in your contract terms. Your contract may also say something specific about overtime – for example, that “reasonable overtime may from time to time be required, in accordance with the needs of the business”.
Who is exempt from overtime in NJ?
Bona fide Executive, Administrative, Professional, and Outside Sales employees are exempt from the overtime requirements under New Jersey state labor laws. The Administrative exemption also includes employees whose primary duty is selling and who receive at least 50% of their total compensation in commissions.
Can I be forced to work on my day off?
Your employer cannot make you work on a day contractually guaranteed to be your day off. Written employment contracts and religion are the only reasons the employer could not require you to work on your day off—and fire you if you don’t. There is some good news, though, at least for hourly employees.
How do you decline working overtime?
But if you want to offer a partial solution you could try: “I could do a portion of the shift from this time to this time if that is helpful.”…If you feel compelled to say something beyond “No” try:
- “No. Sorry.”
- “No. Thanks for asking me.”
- “No. Please keep me in mind for future open shifts.”
- “Sorry, I am not available.”
Can my employer change my hours without asking?
However, you may find your employer wants to change your working hours. Therefore neither an employer nor an employee can change the terms in the contract without the other’s consent, unless there is specific provision in the contract that allows them to.
Is it illegal to not pay overtime in NJ?
New Jersey law requires nonexempt employees to be paid 1.5 times their regular pay rate for hours worked over 40 in a workweek. New Jersey does not require overtime pay when you work more than eight hours in a day. New Jersey’s applies all the federal exemptions from overtime pay.
What are the overtime laws in New Jersey?
The requirements for New Jersey household employers are as follows: The standard workweek is defined as 40 hours in a 7-day period. New Jersey employees should be paid at least 1.5 times the regular hourly rate (time-and-a-half) for all hours worked over 40 in a workweek. Overtime compensation is required for live-in employees. Overtime is not required to be paid when work is performed on a holiday.
Can employers require mandatory overtime?
But the Fair Labor Standards Act doesn’t set any limit on how many hours an employee can work in a week, and most employers are well within their legal rights requiring employees to work overtime. In other words, mandatory overtime is legal for most employees.
What is labor law regarding overtime?
The federal law that gives you the right to overtime pay is called the Fair Labor Standards Act, or FLSA. This is the law that requires that most employees be paid at least the minimum wage, and that they be paid time and a half for all hours over 40 hours worked in a week.
What are overtime rules?
Overtime Pay Rules. Under federal law, when your hourly employees work more than 40 hours in a workweek, you must pay them at least one and a half times their regular hourly rate. Check your state law for overtime rules, because many of them require overtime payment based on hours worked per day.
