Can You Say No To Overtime?

by | Last updated on January 24, 2024

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Can you say no to overtime? But the short answers to your two questions are “yes” and “no,” respectively — at least under federal law. “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.

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How can I politely refuse working 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.”

How do you say no extra hours at work?

  1. “Unfortunately, I have too much to do today. …
  2. “That sounds fun, but I have a lot going on at home.”
  3. “I’m not comfortable doing that task. …
  4. “Now isn’t a good time for me. …
  5. “Sorry, I have already committed to something else.

Can you be forced to work overtime?

Can I refuse to take on extra work?

As a matter of general principle,

yes, you should be able to say that you don’t want to take on additional responsibilities unless you’re paid appropriately for them

, particularly when those responsibilities are clearly part of a higher-level, higher-paid job.

Do I have the right to say no at work?


Yes, you can (and should) say no

While it’s uncomfortable for many of us, learning to say ‘no’ at work is not only OK, it’s important, says Sydney-based career coach Jane Jackson. “If you’re going to really respect yourself, it’s something you need to really be aware of, even when you’re fresh out of uni,” she says.

Can you cancel overtime?


Management has the right to cancel any overtime which is later determined not to be needed

and shall make notification of such cancellation to the af- fected employee(s) in a timely manner via written notice at work.

What is the longest shift you can legally work?

Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. A work period of

eight consecutive hours over five days

with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.

Can you be fired for refusing to work on Sunday?

The general answer is yes.

If you have an at-will employment with a company, they can fire you for any reason or no reason at all

. Not working on your day off could very well be a reason for an employer to terminate you, however unfair that may seem. The legal restrictions on this have to do with discrimination.

Can I refuse to do something not in my job description?

So, the short answer is,

yes, your employer may assign you tasks not specifically outlined in your job description

. Unless you work under a collective bargaining agreement or contract, your employer can legally change your duties. Let me offer more detail.

Can you get fired for refusing to do a task?

If you refuse to complete any tasks that fall within the scope of your job description, then your manager is likely within their rights to terminate your position. While

your manager cannot fire you without just cause, they do need to have a specific reason for your termination.

Can you be fired for saying no?


Most of the time, saying no will get you slapped with discipline or termination for insubordination

. But there are times you should respectfully decline.

What bosses should not say to employees?

  • “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” …
  • 6 Ways to Act on Your Ambition.

Can I refuse to work unpaid overtime?


Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment

.

Can I be forced to work overtime UK?

You only have to work overtime if your contract says so. Even if it does, by law,

you cannot usually be forced to work more than an average of 48 hours per week

. You can agree to work longer – but this agreement must be in writing and signed by you.

Is overtime pay mandatory?


Overtime is not compulsory

and employees can refuse to work overtime on short notice, unless the employee contractually agreed to be available to work overtime on short notice. In circumstances we overtime work on short notice is required by the employer, fairness towards the employee must be taken into consideration.

How much overtime is too much?

Employees who worked 50 to 55 hours and above showed lower results on vocabulary and reasoning exams. The results provide a window into how much overtime is too much.

Twenty-five percent beyond normal weekly working hours

may be the acceptable limit.

Is a 12-hour work day too long?

When you work a 12-hour shift, there are potential concerns for your health and well-being. According to the National Institute of Health,

long shifts are associated with medical issues such as obesity, sleep disorders and chronic fatigue

.

How many 12-hour shifts can I work in a row?

“An employer should give an employee enough breaks to make sure their health and safety isn’t at risk if that work is ‘monotonous’ (eg work on a production line).” Secondly, the law stating that you may not work more than 48 hours a week, which would suggest

no more than four 12-hour shifts in a row

.

Can I tell my boss I cant work weekends?

Discussing a restricted weekend schedule is something that requires an interruption-free meeting with your boss.

You’ll need to explain to this person that you need certain days or times off and give that person a good reason to accommodate you

. You might be able to bargain with your employer on another day or time.

Can I refuse to work Sundays on religious grounds?

An employee has asked not to work on Sundays for religious reasons. Do I have to agree to this?

No, you don’t have to automatically agree but you must give proper consideration to the request and make sure you are not unlawfully discriminating against the employee

.

Can my work force me to work weekends?


An employer can ask an employee to work outside of their normal contractual hours

, where employees can agree to work the occasional weekend without necessarily agreeing to a permanent change in their employment contract.

When can you refuse to do something at work?

The California Labor Code (Section 6311) allows you to refuse to perform unsafe work as long as it is a violation of a Cal/OSHA standard or Labor Code provision and is hazardous enough that any reasonable person would think his/her health or safety would be in danger by doing the work.

How do you politely say this is not my responsibility?

Try phrasing your response like this: “I’d love to be able to assist you with this task. However, our supervisor originally assigned this task to you, and the task isn’t within the scope of my responsibilities. I’m going to politely decline, and I recommend speaking to management to find a solution.”

When can you refuse a task?

The law states that workers may refuse work

if they believe that worksite conditions are dangerous or that the work constitutes a danger to the worker’s health and safety

(or to the health and safety of another worker or person).

What is it called when a worker refuses to work?


Insubordination

in the workplace refers to an employee’s intentional refusal to obey an employer’s lawful and reasonable orders.

Can a boss fire you over text?

Can I be fired by a text message? The simple answer is Yes. While it is unprofessional and rude, unless you have an employment contract or the real reason for the termination is an illegal reason, as discussed below,

firing via text message is perfectly legal

.

Can employees say no?

Can I get fired for saying no to my boss?

Employees have the right to say no to their bosses without being fired, within reason

. If your boss requests that you do something that is outside the scope of your job description and you refuse, you do face the risk of being disciplined or terminated.

Can I sue my employer for emotional distress?

Can an employer fire you because they don’t like you?

California is an at-will state, which means that

an employer can fire you for any reason at any time, with or without cause

. This means that if your boss doesn’t like your personality, if you run out of work, if they think you’re lazy, or if they just don’t need you anymore, they can fire you at any time.

Can a manager yell at you in front of other employees?

The short answer is yes.

Legally speaking, supervisors and managers are allowed to yell at employees

. However, when that yelling is about or against a protected class, the yelling may qualify as harassment.

How do you respond to a disrespectful boss?

Can I be forced to work more than my contracted hours?

The answer is

no, they can’t

. Your employer cannot make you work more hours than you are contracted. Your contract might say something about overtime, but this should be very clearly described.

Can my employer change my hours without asking?

If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then

your employer may be able to make the change without your agreement

. Although you may still have rights to protest the change.

How much work is too much?

So how much work is too much? A recent study by the World Health Organization and the International Labour Organization shows that working

more than 55 hours a week

can have negative effects on your health.

Can you refuse to work extra hours?


If your contract says you have compulsory overtime but it’s ‘non-guaranteed’, your employer doesn’t have to offer overtime

. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don’t do the overtime you’ve agreed to.

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.