Workers were told, "Overtime is mandatory" and to stay at work unless otherwise instructed.

Each hour worked in excess of 40 in a given workweek is considered overtime under the Fair Labor Standards Act (FLSA) of the United States Department of Labor. New York follows the federal law that mandates overtime pay for all workers who are not excluded from it. Many New Yorkers, however, wonder if there is a cap on the number of overtime hours that can be worked lawfully. Whether or not your employer can require you to work overtime, and whether or not they can fire you if you refuse to do so, are two of the most frequently asked topics in this area. There are two simple answers to these questions: yes, they can legally ask you to work overtime, and yes, they can legally fire you if you refuse to do that work. While this is true, you should still take the time to familiarize yourself with the finer points of US Labor Laws in order to protect your rights and the rights of your employer.

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This issue was highlighted in a recent online post in which a former employee of a large retail secondhand shop that sold everything from gently used clothes and shoes to old vinyl records and furniture, shares her experience being mandated to work long hours.

The author claims she was hired on as one of the store's initial staff members. She started at the bottom, tagging and arranging donated items for sale. The store's administration had received hundreds and heaps of donations in anticipation of its grand launch. They piled trash cans and cardboard boxes nearly to the roof of the storage area in the back of the store. These items would have to be sorted, cleaned, priced, and rolled out onto the sales floor when the store's racks and shelves were finally installed. There was a great deal of work to be done, and not enough time to get it done. The management of the shop consequently implemented a strict new regulation:

"Overtime is mandatory, not optional," he said. "No one is allowed to leave for the day until I say so."

Can Employers Force Employees to Work Mandatory Overtime?

Yes, employers can compel overtime. Employers can fire employees who refuse to work overtime. The FLSA sets the 40-hour work week. The law does not limit how many hours businesses can make workers labor. This is predicated on an employer following the FLSA rule that specifies, for most jobs, employees will be paid time and a half for hours worked beyond 40 per week. Mandatory overtime must not endanger worker safety.

In the author's case, her commute took an hour each way, this was a major issue for her. She needed to be able to leave work promptly at her allotted time every day in order to be home in time to prepare dinner for her family. She had no idea when she would be able to go under the new rules. Furthermore, she would be unable to prepare dinner if she was prevented from going out. Not only did she not have this issue alone, but so did others. Several workers had time-consuming commutes, children to pick up from daycare, or other commitments that could not be postponed. Nonetheless, the manager was unconcerned.

"Overtime is mandatory, not optional," he repeated when anyone protested. "If you can't stay until I say you can leave, then you can find another job."

Can an Employee Refuse to Work Mandatory Overtime?

Normaly, an employee can't decline forced overtime because he or she doesn't want to. If an employee refuses to work required overtime, he may be fired or disciplined. In some cases, firing a worker who declined overtime is illegal. These instances include: If overtime breaks a contract, if overtime poses a health or safety risk, if employees aren't paid legally, and family crises covered by FMLA. A California regulation limits required overtime for employees who have worked 72 hours or more in the previous week.

According to the author, they opted to stay. They put in a lot of time, often until 10 o'clock at night or later, to process the constant influx of boxes and bags containing donations. They were worn out, but they dared not make any complaints or requests to leave. Then the tide turned completely. When a new employee at the shop explained that she had to leave early because her ill kid, everyone understood. The management gave her the option of working overtime or clocking out. They all left when she made the decision to go.

What Are the Negative Repercussions from Forced Overtime?

Mandatory overtime increases wages for employees, but there are downsides. It includes: Low employee morale, workload resentment, staff stress and weariness rise and former employees can sue their employers.

The majority of employees ignored his orders the next day and left at their regular clock-out times, so his new policy didn't last long. They might as well have dared him to get go of the entire staff he had just employed. He's hired them all for specific shifts, and they've all been pretty reliable about showing up on time. The manager quit soon after, and one of them was promoted to lead the team. He had been promoted from within, presumably due to the fact that he never complained about working extra hours. There were no consequences for saying no when the new manager requested them to stay late or offered voluntary overtime. He was far more well-liked by them.

What do you think?