Mandatory overtime

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Mandatory overtime

Is it legal to make overtime
mandatory to include Sunday

Asked on October 18, 2017 under Employment Labor Law, South Carolina

Answers:

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

Answered 3 years ago | Contributor

First of all, if having you work Sundays violates the terms of an employment contract or union agreement then you have a claim. Otherwise, it's no so clear what your legal recourse is in this situation, at least not without having more details of your situation. The fact iis that a company can set the conditions of employment much as it sees it. That is absent some form of legally actionable discrimination. Accordingly, you may be able to file a religions discrimination complaint. The issue is whether working Sunday's is critical to your job or not. If you were hired to work on weekends, then it is not discrimination since an employer's only obligation is to make "reasonable accommodations" for a worker's religion. And it is not reasonable to allow an employee hired to work Sundays to miss them. If, on the other hand, working on Sundays is not an essential part of your position (i.e. you were hired to work X hours but not specifically for Sundays) then they need to accommodate you by allowing you to off have on that day. In this instance, you would have a legitimate employment discrimination claim. At this point, you should consult directly with a local employment law attorney who can best advise you further after reviewing the facts of your situation.

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

Answered 3 years ago | Contributor

First of all, if having you work Sundays violates the terms of an employment contract or union agreement then you have a claim. Otherwise, it's no so clear what your legal recourse is in this situation, at least not without having more details of your situation. The fact iis that a company can set the conditions of employment much as it sees it. That is absent some form of legally actionable discrimination. Accordingly, you may be able to file a religions discrimination complaint. The issue is whether working Sunday's is critical to your job or not. If you were hired to work on weekends, then it is not discrimination since an employer's only obligation is to make "reasonable accommodations" for a worker's religion. And it is not reasonable to allow an employee hired to work Sundays to miss them. If, on the other hand, working on Sundays is not an essential part of your position (i.e. you were hired to work X hours but not specifically for Sundays) then they need to accommodate you by allowing you to off have on that day. In this instance, you would have a legitimate employment discrimination claim. At this point, you should consult directly with a local employment law attorney who can best advise you further after reviewing the facts of your situation.


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