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Mandatory Overtime in Texas

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  • Mandatory Overtime in Texas

    I do factory work in the State of Texas. We are required to work 8 hour shifts per day, with 2 days off. We were recently notified that we are now required to work "mandatory" overtime on one of our days off. So instead of working 5 days straight with 2 days off, now we have to work 6 days straight with 1 day off. If we refuse to not do the mandatory overtime we are told that we will still be punished as if it was regular time. Basically we work on a point system, so if we do not show up for the mandatory overtime we will get a "point" or will be terminated. Is this perfectly legal in the State of Texas? I was advised by a co-worker that they contacted the Texas Workforce Commission and that they were told that it was NOT legal. Which is true? Legal or Not?

    Thank you!

  • #2
    Either your co-worker was mistaken, or the TWC employee was. There is no law in Texas that addresses attendance policies or disciplinary actions. If your employer chooses to give you a "point" for refusing to work overtime when requested, they are perfectly within their legal rights to do so.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Overtime laws

      The company I work for is requiring that we work "mandatory overtime" on our days off, i.e. 6 hours on each day we are supposed to have off. I was told that we are legally allowed 1 day off per work week. Is this legal?



      • #4
        There is no law in Texas (though there is in some states) that requires you to get one day a week off. You could be asked to work 24 hours, 7 days a week and it would be legal (though admittedly stupid).
        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.


        • #5
          I highly doubt your co-worker contacted TWC and received that information. Because there is no Texas law against an employer making your work as many hours as they want at any time. If you refuse to work those hours, your employer can discipline you up to and including termination.
          Cbg & Patty are both correct in their answers.


          • #6
            Mandatory time off in Texas

            Originally posted by CMorgan
            there is no Texas law against an employer making your work as many hours as they want at any time.
            Interestingly, there is, although it is very limited in its application, and even more limited in its enforcement:
            The Texas Labor Code contains regulations on days off specific to the retail industry. With regard to the restriction of hours worked by an employee in retail, the Labor Code (Sec. 52.001) states:

            (a) A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is selling merchandise at retail.
            (b) The person may not deny an employee at least one period of 24 consecutive hours of time off for rest or worship in each seven-day period. The time off must be in addition to the regular periods of rest allowed during each day worked.
            (c) The person shall accommodate the religious beliefs and practices of an employee unless the employer can demonstrate that to do so would constitute an undue hardship on the conduct of the employer's business. In addition, the person may not require an employee to work during a period that the employee requests to be off to attend one regular worship service a week of the employee's religion.
            (d) This section does not apply to employment of a part-time employee whose total work hours for one employer during a calendar week do not exceed 30 hours.

            Like I said, it's very limited in scope, and no enforcement or penalty for a violation is spelled out in the law.

            Otherwise, all responders are spot on concerning mandatory overtime, and Sec. 52 won't likely give anyone any relief. To my knowledge, it's not been tested, but I haven't had the need to research that.

            How's that for esoterica?


            • #7
              Yes Texas709 I was aware of that law; however, the OP stated they were doing factory work which is the reason I did not address that issue.