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Juggling work hours to avoid paying overtime Wyoming

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  • Juggling work hours to avoid paying overtime Wyoming

    If an employee gets called in to work with no notice on a time not during
    their normal shift, does the company have the right to just shorten another
    day so the employee does not go over 40 hours and get overtime for the call
    in? If so, can the employee refuse to come in when called? (example: normal
    work is M-F 7-3:30. After working the normal shift, the employee is called
    in at 11 pm for an emergency fix. The work takes 3 hours so the employee
    gets off at 2 am. The employee is expected to be back at work for the
    normal shift at 7 am. Sometime later in the same week, the employee is told
    to go home 3 hours early to avoid having overtime.)

  • #2
    It is not illegal to adjust your schedule to not go over 40 hrs. in the workweek. (unless you have a binding employment contract to the contrary)
    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

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    • #3
      Yes, they absolutely have that right. While you have the right to be paid overtime if worked, you do not have an inherent right under the law to work overtime. It is ALWAYS the opt of the employer what hours your work, barring a legally binding and enforceable contract or CBA to the contrary.

      While there is nothing in the law prohibiting you from refusing to come in, there is also nothing in the law prohibiting the employer from firing you for that refusal, subject to the same qualifier as above.
      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.