Can I be fired if I do not want to work overtime?

Can I be fired if I do not want to work overtime?

Yes Paul, there is no law that says they can not demand overtime, so refusing to do so, is like walking off the job. Sorry!
I must add, if you have a binding contract, that specifically states what kind of hours you can and can't do, it is a different story.

Agreed. It may be physically impossible to work 24/7, but in most states for most employers of most employees, it is not illegal for the employer to require this. With very few exceptions (minor children, airline pilots), hours worked are whatever the employer says it is, and employers can generally legally terminate any employee for refusing to work any specified hours. The legal principal is something called Employment-At-Will. There are some exceptions to this principal but the exceptions are very state specific and not generally in the area you are discussing.

DAW lets not forget the transportation industry that has very clear and strong hours of service rules per the Federal Department of Transportation for short and long haul truck drivers. www.dot.gov HOS 49 CFR, Part 395 clearly states what hours can and or can not be worked by truck drivers.

DAW lets not forget the transportation industry that has very clear and strong hours of service rules per the Federal Department of Transportation for short and long haul truck drivers. www.dot.gov HOS 49 CFR, Part 395 clearly states what hours can and or can not be worked by truck drivers.

Oh yes, since we are on that subject elsewhere lol! I think DAWS response was in general, it is like this except very few exceptions (airline pilots, minors, and truck drivers). I wonder if truck drivers can work overtime in the yard, not driving?

Can I be fired if I do not want to work overtime?

It appears that we should know what kind of work you do.:)

DAW lets not forget the transportation industry that has very clear and strong hours of service rules per the Federal Department of Transportation for short and long haul truck drivers. www.dot.gov HOS 49 CFR, Part 395 clearly states what hours can and or can not be worked by truck drivers.

But those rules do not prohibit working overtime.

An employer can require overtime and is only sometimes inconvenienced by laws limiting how much can be worked.

California has rules limitiing overtime to 32 hours a week, but that does not apply to all jobs.

Maine has laws limiting overtime to 80 hours in any two week period, so you could work 120 hours this week so long as you work no more than 40 hours the next.

In 16 years with my company, I have only once required someone to work overtime or lose the job. I hated doing it, but it was quite legal.

But those rules do not prohibit working overtime.

An employer can require overtime and is only sometimes inconvenienced by laws limiting how much can be worked.

California has rules limitiing overtime to 32 hours a week, but that does not apply to all jobs.

Maine has laws limiting overtime to 80 hours in any two week period, so you could work 120 hours this week so long as you work no more than 40 hours the next.

In 16 years with my company, I have only once required someone to work overtime or lose the job. I hated doing it, but it was quite legal.


If the overtime makes the truckers work (or drive) longer than DOT allows, wouldn't that be against the law?

Yes Turbo it would.

Scott, as far as working at the yard there is no limit of hours so long as NO driving takes place before a 10 consecutive hour break takes place. Then the driver is limited to 14 hours on duty of which 11 can be driving before the driver takes another 10 consecutive hours off duty. Yes, it is against Federal Law for a truck driver to go over hours. The regulations were put in place to protect the motoring public. Many companys would expect a driver to spend several hours on duty and then still expect them to drive 10 or 12 hours to make an on time delivery.

Well, considering the OP hasn't come back to tell us what kind of work he does, we're all just surmising here. Why don't we wait for the OP to tell us what type of work he does, OK? ;)

Patty is there a problem with others discussing issues relating to the OP original question????? I am confused. Please advise.

I'm really not yelling at you. It's all fine information. But, you see, the thing is that threads get off track when they get added to with assumptions or guesses that are not supported by the original poster's information and by personal experiences that have nothing to do with the original poster's question.

I've seen threads that have gone off on such tangents that pretty soon the readers don't know what specific post in a thread the responder was responding to. On some boards, I've seen the moderators lock threads when they get so off track that they are no longer serving the purpose of answering the original poster's question. (Our moderator happens to be off for a well-deserved weekend.) :)

I'm really not yelling at you. It's all fine information. But, you see, the thing is that threads get off track when they get added to with assumptions or guesses that are not supported by the original poster's information and by personal experiences that have nothing to do with the original poster's question.

I've seen threads that have gone off on such tangents that pretty soon the readers don't know what specific post in a thread the responder was responding to. On some boards, I've seen the moderators lock threads when they get so off track that they are no longer serving the purpose of answering the original poster's question. (Our moderator happens to be off for a well-deserved weekend.) :)

Great advice, I have seen that happen. I am sooo glad the moderator is taking some time off!!:)

I agree Turbo, moderators need time off too. So is this other poster, Patty, taking over for the moderator while she is having a weekend off? Seems a bit odd to me to have someone come on what appeared to be a public forum, sorry if I butted into a private forum thinking it was public, and tell others what they can or can't say. I could understand it if there were tasteless comments, cursing, or mud slinging but ???????.........>>>>>>> Okay so even if we were in old time USSR. This is the USA for heavens sake lighten up a little already.:rolleyes:

I agree Turbo, moderators need time off too. So is this other poster, Patty, taking over for the moderator while she is having a weekend off? Seems a bit odd to me to have someone come on what appeared to be a public forum, sorry if I butted into a private forum thinking it was public, and tell others what they can or can't say. I could understand it if there were tasteless comments, cursing, or mud slinging but ???????.........>>>>>>> Okay so even if we were in old time USSR. This is the USA for heavens sake lighten up a little already.:rolleyes:

No honey, it is a public site, but Patty is probably watching things for CBG who is the moderator for the labor law section. You can say whatever your lifes experiences are, and then some, when you find links to sites that help the poster with what thier question is. We are all here to help, and hopefully not overwhelm, or confuse the posters. I myself gave wrong information before, and luckily they were there to watch my back, and let me and the poster know what was correct. I could have cost this poster unnecessary money, with my advice. What we want to do is help without them having to go to a lawyer, and spend money they don't have, but sometimes I just have to say, you really should get a lawyer. Please, don't take it personal, or stop posting information you know to be true. :) :p ;)

Patty is among several posters whom I asked to keep an eye on the boards in my absence.

When the thread gets off on too many tangents it can be very hard to get back on track. So until or unless we hear back from the poster as to what kind of work he does, let's quit surmising, okay? There is NO evidence to support a supposition that he works in the transportation industry.