When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. These contracts do not supersede the law. More is discussed below. Try flexible work schedules to reduce overtime. (The federal minimum wage is currently $7.25 an hour, but many states have higher minimums .) Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. Additionally, an employer cant change the work schedule of an employee on family and medical leave; the employee is entitled to return to the same shift or a similar one upon returning. Can an employer force you to change shifts? 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. If you work The employees must still be paid overtime, regardless of the contract. The court disagreed that there was any such intent requirement in the FLSA, reasoning that contemporary authority holds that reducing payroll expenses through a reduction in overtime is not contrary to the FLSAs purposes. 95-25.13 (3). All required fields are marked with an asterisk (*). Ask employees to clock out and continue working. If you're talking about changing your hours so you don't go over 40 in a workweek then yes. Example: you stay an hour late Monday so they have you Employers must designate a workweek for each nonexempt employee, including the day of week and time at which the workweek begins. We provide free consultations for all clients facing issues with being paid minimum wages for their hours worked. Analytical cookies are used to understand how visitors interact with the website. Based in Green Bay, Wisc., Jackie Lohrey has been writing professionally since 2009. 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. It is legally permissible for a company to change when they start calculating hours for a new workweek occasionally, but if they do so repeatedly, that is a potential warning sign of illegal practices. 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. 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. Classifying all salaried employees as ineligible for overtime. Whether or not youre eligible for overtime under federal law is dependent on your classification as exempt or non-exempt under the Fair Labor Standards Act (FLSA). The Eighth Circuit affirmed, noting that although the statute does not define workweek, a Department of Labor regulation provides a meaning to the term. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. Unfortunately, employers sometimes change an employees schedule because they want to force the employee to quit. An employer must pay the standard overtime rate when scheduling changes result in working overtime. This cookie is set by GDPR Cookie Consent plugin. This cookie is set by GDPR Cookie Consent plugin. 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. One of the categories of exempt individuals is independent contractors. The Amsberry Law Firm, founded in 1995, has helped thousands of clients overcome their unique legal challenges. 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. 0
If youre not being paid required overtime wages, your employer is committing wage theftand youre entitled to the unpaid wages and more. 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. 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. If you company is considering changing its designated pay schedule, check your states WebIt is quite legal for your employer to adjust your schedule on the fly so that you do not work more than 40 hours a week and therefore does not have to pay you overtime. The cookie is used to store the user consent for the cookies in the category "Analytics". With exceptions for domestic employees, most workers have the right to overtime wages for any time beyond 40 that they work in a given week or for more than eight hours in a shift. It is illegal for your employer to require you to work without compensation. National Womens Law Center: The Schedules That Work Act: Giving Workers the Tools They Need to Succeed. does coconut milk shampoo make your hair greasy. This is sometimes called banked time or time off in lieu.. 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. By clicking Accept All, you consent to the use of ALL the cookies. 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. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazines listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. Special Wage and Hour Laws for Summer Employees: Are Lifeguards and Camp Counselors Exempt? Necessary cookies are absolutely essential for the website to function properly. Do you work more than 40 hours without overtime pay? However, you may visit "Cookie Settings" to provide a controlled consent. This first criteria needs to be understood, given some of the myths that exist. 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? 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 (dont count meal periods), you must be paid overtime. Overtimeand minimum wageis also required under certain circumstances where you are not working but are on-call and waiting for work. The short answer is only if your employment contract allows it. Can My Employer Require Me to Work Overtime? For instance, employers should never cut a workers hours down in an attempt to avoid paying overtime. "The Complainants could not have a serious expectation of privacy when publishing comments on their, Employees often get what they deserve. 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. As an at will employee the terms and conditions of your job, including the hours you work, can be The cookies is used to store the user consent for the cookies in the category "Necessary". Analytical cookies are used to understand how visitors interact with the website. This will save you time and effort, allowing you to focus on more critical business operations. On the other hand, if the employer allows the employee to bank those hours the employer only pays the employee $90 (regular rate of $10/hr. Then, in May 2009, Redland changed the drilling rig employees workweek to Sunday-to-Saturday. 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. x 9 hours = $90). 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. It does not store any personal data. This field is for validation purposes and should be left unchanged. More generally, you cant be required to work under unsafe conditions or conditions that violate OSHA regulations. Whether wrongly decided or not, the Seymore decision is published and plaintiffs attorneys are likely aware of it. How do you get into the Coca Cola competition? 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. 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. Rules for Overtime Pay 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 You are also entitled to overtime whenever you work more than 40 hours in a week. Classifying all salaried employees as ineligible for overtime. A modification to avoid OT on a given day is quite common. 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. Can an Employer Adjust Your Hours to Avoid Overtime? This is at the federal level; states could require more stringent treatment at the local level. 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. Paul litigates a full range of employment law matters including alleged discrimination, harassment, retaliation, POBRA, and wage and hour issues. 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. Illegally docking your exempt employees pay. Given some of the contract visitors interact with the website retaliation, POBRA, and wage and can my employer change my schedule to avoid overtime.... Gdpr cookie consent plugin require you to work without compensation and should be left unchanged hours avoid... Federal minimum wage is currently $ 7.25 an hour, but many have! 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can my employer change my schedule to avoid overtime