Can an employer force an employee to take a day off after making them

work on a holiday?

It would cut the employees hours to under 40 and prevent paying overtime. Workers normal day off is Monday but is forced to work Monday then told to take Thursday off to prevent worker from going over 40 hours.

Asked on September 7, 2016 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, the employer can do this. Employers have complete and total control over when employees work, except and only to the extent that there is a written employment contract setting days/hours. When there is no contract, the employer can tell employees to not come in on a given day or days, to avoid them accruing overtime hours; this is perfectly legal, and is in fact how employers should manage hours worked to avoid overtime, if they want to not pay it.

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