Can an employer force an employee to work on the week end with out overtime pay?

UPDATED: Aug 7, 2012

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Can an employer force an employee to work on the week end with out overtime pay?

When the employee refused and told the employer that they cannot force an employee to work on the weekend without overtime. The employer said that they would be shaving hours as not to go into overtime. Employee refused to work on weekend, Employer said that a reprimand letter will be put on file.

Asked on August 7, 2012 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Actually, an employee can be forced to work on the weekend without overtime--the law does NOT require overtime for weekend work. (The exception would be if the employee has a contract which calls for overtime for weekend work.) The only obligation is to pay overtime when more than 40 hours is worked in a single week, and the employer is allowed to reduce hours on other days to keep the employee under  the 40 hours threshhold. What the employer is doing appears to be legal; therefore, they could discipline the employee (or even fire him/her) for refusing.

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