Mandating overtime

My husband has been working a 7 to 3
shift at a warehouse Monday thru
Friday and some Saturday if needed but
now this job is mandating 12 hrs
shifts six days a week only Sunday off
honestly I believe this employer is
trying to get employees to quit there
jobs by demanding so much mandated over
time so they wouldn’t have to pay them
unemployment because they are about to
loose all of there contracts with other
companies I did read something about if
a employee works 48 hrs in a week then
the employer can not mandate
additional overtime and the employee
can also refuse overtime without
repercussions

Asked on June 24, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There may be certain jobs, in certain, highly regulated or unionized industries, that limit overtime or which allow an employee to say "no" to overtime, but that is not the case generally under either federal or your state's laws. The vast majority of employees in your state, including warehouse workers (unless there is a contract or union agreement to the contrary) can be required to work any number of hours per week or any number of overtime hours that their employer wants, and if the worker refuses, he or she could be fired--and more: fired "for cause" (for insubordination  or disobeying a supervisor's instructions) and so denied unemployment. On the other hand, at 72 hours per week, your husband will be getting 32 hours of overtime, or pay equivalent to a total of 88 hours of work per week.


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