Can employers require work without pay in order to compensate for days closed because of weather?

I work in a preschool in Texas. Last
week, the school was closed all week
because of flooding, no teachers were
asked or required to come in. This
week we were told we are required to
come to work over a weekend in May
to make up for time lost. All teachers
are hourly workers, and no one is
actively volunteering for the extra days.
Is this legal?

Asked on April 27, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, hourly employees cannot be required to work without pay: you can be required to do extra work (e.g. on weekends or after hours), but you must be paid for all time you work, including overtime for all time worked past 40 hours in a workweek. If you are not paid for all time worked or or overtime, you could contract your state department of labor to file a wage and hour complaint.

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