Can I Be Fired For Refusing To Work Overtime?

by | Last updated on January 24, 2024

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“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. ... As long as you work fewer than 40 hours in a week, you aren’t entitled to overtime.

How do you politely decline overtime?

  1. “No. Sorry.”
  2. “No. Thanks for asking me.”
  3. “No. Please keep me in mind for future open shifts.”
  4. “Sorry, I am not available.”

Can you say no to 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. ... And “no,” your employer doesn’t have to pay you overtime if you work more than eight hours in a day .

How do I tell my boss I don’t want to do overtime?

  1. Give them a valid reason. ...
  2. Always offer alternative solutions. ...
  3. Remind your boss of your existing workload. ...
  4. Show your gratitude. ...
  5. Find someone else to do it. ...
  6. Be empathetic. ...
  7. Buy yourself some time. ...
  8. Don’t beat around the bush.

What is the longest shift you can legally work?

The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime, since the average American work week is 40 hours – that’s eight hours per day for five days a week.

Can I be forced to do overtime?

A: Yes . Regardless of whether an employer authorized the employee to work overtime, California law requires that employers pay their employees for overtime at the rate of one and one-half times their regular rate of pay for all the hours worked in overtime.

How do you politely tell your boss to back off?

Let your boss know that your goal is to increase productivity and save time for both of you. Describe the issue as one of refining processes. Ask What You Can Do: Ask if there is anything you can do to develop your professional skill set. Allow your boss to give you some suggestions.

Is working 13 hours a day illegal?

So, while it is indeed legal to work 12 hours a day or more in California, the employee must be compensated at double the regular rate for the hours past 12. Between eight and 12 hours, they must be paid time and a half.

How many hours straight can an employer make you work?

In general, your employer cannot schedule you to work more than eight (8) hours in a single workday or more than forty (40) hours in a single work week without overtime.

Are 13 hour shifts legal?

So, while it is indeed legal to work 12 hours a day or more in California, the employee must be compensated at double the regular rate for the hours past 12. Between eight and 12 hours, they must be paid time and a half.

Why you should not work overtime?

Studies have shown that the more hours people work, the less productive they get. There is a reason people work for eight hours – if they worked more, nothing would actually be completed or done properly and successfully, due to tiredness and stress.

Can you be forced to work on your 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.

Is it illegal to not pay overtime rates?

Yes , California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work ...

What Bosses should never ask employees to do?

  • “You Must do What I Say because I Pay you” ...
  • “You Should Work Better” ...
  • “It’s Your Problem” ...
  • “I Don’t Care What You Think” ...
  • “You Should Spend More Time at Work” ...
  • “You’re Doing Okay” ...
  • 7. ”You’re lucky to have a job”

Can I get fired for refusing to do a task?

It’s perfectly legal for employers to terminate at will employees who refuse to perform regular job duties or temporary job duties as assigned.

Rachel Ostrander
Author
Rachel Ostrander
Rachel is a career coach and HR consultant with over 5 years of experience working with job seekers and employers. She holds a degree in human resources management and has worked with leading companies such as Google and Amazon. Rachel is passionate about helping people find fulfilling careers and providing practical advice for navigating the job market.