memere
07-07-2008, 07:55 AM
Can an employer require that an employee work OT in Tennessee? If so, if the employee refuses to work the OT, does the employer have any recourse?
Thanks!
Thanks!
View Full Version : Required OT? Tennessee
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memere 07-07-2008, 07:55 AM Can an employer require that an employee work OT in Tennessee? If so, if the employee refuses to work the OT, does the employer have any recourse? Thanks! cbg 07-07-2008, 08:23 AM Mandatory overtime is legal in all 50 states. If the employee refuses to work overtime, the employer may discipline as he sees fit up to and including termination. The above assumes that no legally binding contract or CBA says otherwise. Pattymd 07-07-2008, 08:23 AM For general occupations (very limited exceptions, such as airline pilot, interstate trucker, etc.), yes, the employer may make overtime mandatory and yes, the employee may be discharged for refusing to work it. DAW 07-07-2008, 09:29 AM Agreed with the other answers. Also, sometimes people feel that the only recourse the employer has is termination and that is not necessarily so. I worked for a manufacturing company that had formal pay scales for the factory job and employees generally worked their way up the pay scale over several years. Someone who refused to work overtime could see themselves slide down to the bottom of the pay scale (on a go forward basis after formal legal notification, required in some states and not a bad idea in all states). As long as MW, OT and state specific notification laws are followed, and there is no contract or CBA with contrary language, there are actually many possible reactions employers can give to what is perceived as poor work performance. cbg 07-07-2008, 09:44 AM sometimes people feel that the only recourse the employer has is termination and that is not necessarily so Which is why I said, up to and including termination. Termination would be legal. It would not necessarily be appropriate. It would not necessarily be inappropriate either, depending on the circumstances. It's up to the employer what is considered an appropriate discipline. memere 07-07-2008, 10:07 AM I want to thank all for the swift responses - you've all been a big help. Really glad I found this site. |
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