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mandatory overtime? Florida

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  • mandatory overtime? Florida

    I recently started a new job. It is a full time job. When hired I was never told I HAD to work overtime. Since week one. I've been working over 50 hrs a week. If I did not sign a mandatory agreement or was told, do I have to work all this overtime? When I was hired my manager said IF I wanted overtime it would be there to take. It's over whelming and I would of not taken this job if I knew I had to work this overtime. On a side not, since working here I've had breatheing problems bc it's so dusty in office. Is there something I can do about this work envirnment? I'm coughing and choking at night .
    Last edited by blee0518; 11-22-2014, 09:12 AM.

  • #2
    There are no laws anywhere in the US that limit the amount of hours an employer may require employees to work. This means that employers are not legally required to obtain their employees' agreement to working overtime, nor are employers legally required to notify employees at time of hire that overtime work will be expected.

    All that employers are required to do is pay their non-exempt employees for any overtime they work as long as said overtime falls within state or federal overtime guidelines. Are you non-exempt and not getting paid for the over time you're working?

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    • #3
      For the breathing part, contact OSHA. It won't change the OT situation though.

      And if you have something more to say, don't just edit your original post, the appropriate thing to do is post a reply.

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      • #4
        Mandatory overtime is legal in all 50 states. There need not be an agreement signed beforehand. If the boss says you work overtime, you work overtime, unless a legally binding and enforceable contract or CBA expressly and in so many words says that you cannot be required to. In 35+ years in HR I have never seen such a contract or CBA.

        A minor correction to the above poster, but not much of one. Although there are two states that have a provision that limits the number of hours an employee can be required to work, (1) Florida is not one of them and (2) even in those two states you can be legally required to work far, far more hours than you are describing.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          There are a few exceptions to the maximum # of hours you can be required to work such as for minors & jobs with safety issues (ie airline pilot, long haul trucker...). Otherwise, you work the # of hrs. your employer needs/requires you to minus a binding employment contract to the contrary (which would be very doubtful you would have).

          A lot of employees work over 50 hrs. a week.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            By dusty do you mean they just haven't cleaned in a while or that there are industry standard measures they are not using to control worksite generated dust (such as in a manufacturing facility? Big difference. If someone has been slacking off Pledging the desks in the office, OSHA will not care one bit. If it is the latter, they might.

            Not that I am unsympathetic to dust. I myself am allergic and just this morning was discussing with my manager how we need to get housekeeping to vacuum our suite. It was our busy season with many walk-ins and they were unable to vacuum. I'm sneezing like it is my job. It is not however, an OSHA issue.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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