melia_weaver
10-03-2005, 11:27 AM
I work for a small company that has a call center located in Colorado. This company over the last year has started forcing every employee to work mandatory overtime when the call volumes get extremely high. The last several weeks they have forced every customer care representative to work 8 hours of overtime each week. They have advised us if we do not work it, we will be written up. Someone in the call center told me that this is not legal. Is this true? If so, what can I do about it?
Beth3
10-03-2005, 11:31 AM
Someone in the call center told me that this is not legal. Is this true? No, that's not true. You can be required to work as many hours as your employer dictates. The employer's only legal requirement is that you be paid time and a-half for all hours you work over 40 if you are a non-exempt (hourly paid) employee.
melia_weaver
10-03-2005, 11:57 AM
So it sounds like what you're saying is the government doesn't regulate how many hours you work as long as you are paid for it. :(
Is there any sort of hardship or extenuating circumstance clause for those who are placed in extremely difficult situations as a result of the mandatory overtime? If so, what exactly would qualify as extenuating circumstances?
Beth3
10-03-2005, 12:16 PM
So it sounds like what you're saying is the government doesn't regulate how many hours you work as long as you are paid for it. Correct. A few States require "one day of rest in seven" but that is the extent of it.
Is there any sort of hardship or extenuating circumstance clause for those who are placed in extremely difficult situations as a result of the mandatory overtime? If so, what exactly would qualify as extenuating circumstances? Since there's no law, there's no clause. Whether to excuse an employee from working mandatory OT is entirely up to the employer.
To the best of my knowledge, only the states of California and Maine limit the number of overtime hours an employee can be required to work, and what you describe would not come even close to exceeding those states requirements. A handful of states require that you be given one day off out of every seven, but does not limit the number of hours you can be required to work in the other six days, and I don't believe CO is one of those states in any case.
There are a few industry specific regulations (in some instances, state specific) where safety is involved that limit mandatory overtime. But there is nothing in the law that says if the employee has x circumstances they are excused from mandatory overtime. That is entirely up to your employer.