Can an employer make you work past your scheduled time without asking?

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Can an employer make you work past your scheduled time without asking?

Asked on November 18, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, an employer may make an employee work past his or her scheduled time (or on weekends, holidays, otherwise scheduled days off, etc.) at any time, without any prior notice; the employer does not need the employee to agree to do this, but rather may fire "for cause" (no unemployment benefits) any employee who refused. The only exception to the above is if there is an employment contract which sets the specific hours or schedule; if there is, that contract is enforceable and the employer cannot make the employee work other than as is in the contract.

If an hourly employee is made to work extra hours, he or she must be paid for them, including overtime if he or she works more than 40 hours in a workweek. A salaried employee, however, may be made to work extra hours without any additional compensation.


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