Can an employer require you to stay past your shift end?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer require you to stay past your shift end?
I work for a large retailer at night. I have been told that I cannot leave until my work is finished. This may require working several hours past the end of my shift. While this should mean that I get overtime, the company I work for insists that no overtime be earned. So they require you to come in late the next day to burn up your overtime. They also require you to keep up with it and you can get in trouble if you have any overtime. This seems unfair. I know that a company must pay overtime if you work over 40 hours a week, but what about on a day-to-day basis?
Asked on February 28, 2011 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, a company can do this:
1) A company may make employees stay late, subject only to the requirement that if a nonexempt employee works more thann 40 hours in a week, he or she must get overtime--though not that exempt employees (almost all salaried, rather than hourly) employees can be made to stay late without any extra pay whatsoever.
2) A company may set it's own hours and shifts for staff, and may tell someone to come in late (or take a long lunch, or leave early) so as to avoid having that person work more than 40 hours and earn overtime. The only limitation would be if there was some sort of employment agreement, including union agreement, setting hours and shifts; otherwise, the employer may manipulate (legally) hours to avoid overtime.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.