How many hours in advance does an employer have to notify an employee that they have to stay past their normal working hours?

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How many hours in advance does an employer have to notify an employee that they have to stay past their normal working hours?

Our company has a habit of telling employees, anywhere from three hours to one hour before the end of their shift that they have to work overtime that day. Does the law mandate that the employer give the employee certain notice?

Thank you.

Asked on August 11, 2016 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no law regarding this. Do the employees have a union/collective bargaining agreement or employment contract that covers this situation? Does the company's action in some way constitute some form of legally actionable discrimination or retaiation? If not, then while seemingly unfair, it is legal. In "at will" employment relationships, an employer can set the conditions of the workplace much as it sees fit. This includes giving little to no notice regarding having employees work additional hours then what they have been scheduled for.


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