I am an hourly employee and work for a large retail store. My employer will pursue corrective action if I work over 40 hrs a week but have now mandated I and all hourly employees work until the manager says the merchandise is neatly organized on the shelves and all items are put away. Does my employer have the right to force me to work more than my scheduled shift? Can they write me up for staying late and potentially going over 40 hrs?

IDoes my employer have the right to force me to work more than my scheduled shift?

Yes. With very few exceptions such as airline pilots and minor children, almost any employer can make almost any employee work whatever hours the employer wants. Employers can certainly legally terminate employees for refusing to work requested hours in all 50 states (absent a CBA to the contrary).

Can they write me up for staying late and potentially going over 40 hrs?

I guess, although if we are talking about the same "they" both times, then "they" needs to check their medications. Your employer can "write you up" because their favorite ball team loses if they want. I strongly suspect that if "they" told you to work the overtime, then "they" are not going to write you up for following orders. Employers pretty much always have to pay all overtime worked whether or not the hours were approved. Company policies that say any employee who works unapprove overtime can be fired are pretty common.

If your company really has a policy that say it will fire people for working approved overtime, this might be the first such policy in the history of the country, but this is not illegal, merely stupid.

All states but Montana are subject to something called Employment At Will, which means that "they" generally do not a good reason to terminate someone's employment. Employees have been legally terminated for having "Gore for President" signs on their front yard at home (employee sued their employer from wrongful termination and lost).

Employees have been legally terminated for having "Gore for President" signs on their front yard at home (employee sued their employer from wrongful termination and lost).

Really. Could you email me the citation? I would love to read the reasoning, though i suspect I know what it is already.

Eric

I cannot find that story on a quick Google search. I was able to find one about firing someone for a Kerry for President bumper sticker.

I suspect the reasoning is employment at will.

http://www.workrights.org/issue_lifestyle/ldbrief2.pdf