Can I Be Forced to Work Overtime?

Adults and Overtime

The FLSA does not prohibit employers from forcing employees to work overtime. The act does not place any limits on the amount of hours a person can work in a week, as long as the worker is 16 years old or older. No laws protect employees from the consequences of refusing to work overtime. An employer has the right to discipline or even discharge an employee who does not agree to work the required number of hours.

The FLSA does require employers to pay overtime at a rate of at least one and a half times the normal pay rate for all hours exceeding 40 in a seven-day workweek. The pay rate can be set higher at the employer's discretion. The overtime pay rate is not required for weekends or holidays if the employee works less than 40 hours in a week. Workweeks do not need to coincide with calendar weeks. An employee's workweek is a recurring period of 168 hours within a seven-day period.

State laws regarding breaks vary. If there is no state law, federal law applies. As of 2011, the FLSA doesn't require employers to provide meal, lunch or break periods. If the employer chooses to offer breaks, certain obligations exist. Employers who grant a rest period lasting 20 minutes or less must pay workers for that time. However, if an employer grants the employee a meal break or other break lasting more than 30 minutes, it is not necessary to pay the employee during the break time.

If there is a contractual agreement in place specifying the number of hours an employee is required to work each week, the employer is required to comply with the agreement. Disabled individuals protected under the Americans with Disabilities Act (ADA) or Rehabilitation Act may be exempt from overtime, depending on the disability. The Federal Safe Nursing and Patient Care Act of 2007 restricts the amount of hours nurses at certain patient-care facilities can work. That act is designed to reduce the potential patient consequences associated with an employee's fatigue.