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"Mandatory Overtime" only to be sent home early (arizona) Arizona

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  • "Mandatory Overtime" only to be sent home early (arizona) Arizona

    I work for a private prison here in Arizona.. Long story short...


    You will show up to work. At the very end of your shift, you will find out they are short staffed for the next shift.. 5 minutes before you are set to leave, they will start calling out names. If your name is called, you must stay an additional 4 hours..

    I work the 1pm to 9pm shift. The other night my name was called, and I was "forced" to stay until 1am.

    Keep in mind, we dont have a 15 minute paid, or a 30 minute unpaid break. It's a straight 8, or 12 depending if you are forced to stay the additional 4 hours.

    Anyways, I stayed the extra 4 hours, and the next day when I showed up at work I was advised that I'd have to clock out at 5pm.. They told me this around 4:30pm..


    I'm wondering how they can call this "mandatory overtime" if they avoid the "overtime" at all costs. The only day it's actually overtime is this occurs on a saturday.. which is the last day of the pay period...


    I'm just wondering if this is illegal in some way shape or form. We don't get shift differentials, and now they are starting to flex you out so you can't hit anything over 40 hours on the pay period...


    Any input would be appreciated!

  • #2
    Your employer is not doing anything illegal. Many employers do this in order to keep from paying overtime. You can be required to work 4 extra hrs. one day & leave 4 hrs. early the next day. No advance notice of a change in hrs. is required.

    Az. does not require meal and/or rest breaks. (though in my opinion all states should)
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    • #3
      No, this is not even remotely illegal.
      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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      • #4
        I didn't think so. I just have no idea how you can call it "overtime" when it is not overtime.. What is the definition of mandatory overtime?


        They should probably call what they are doing, something else.. Madatory stay late and perhaps be sent home early tomorrow time

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        • #5
          Originally posted by benchwarmer View Post
          What is the definition of mandatory overtime?
          "Overtime" is a legal phrase defined in the federal FLSA law as "all hours worked past 40 in the work week".

          "Mandatory overtime" is a non-legal made-up phrase that means whatever you want it to mean. I will say that you seem to think that this phrase has something to do with scheduling. That is fine of course. It is a made-up phrase, so it means whatever you say it means. But scheduling is not a legal concept recognized in FLSA or other laws. The problem with using made-up phrases is that they do not mean anything to anyone but the person who made them up.

          http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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