# Can my boss force me to work overtime (U.S.)? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [September 14, 2015, 12:40am UTC](https://boards.straightdope.com/t/can-my-boss-force-me-to-work-overtime-u-s/731164 "2015-09-14T00:40:51Z")\ **Posts on this page:** 6\ **Page:** 2
**Author:** ![stillownedbysetters](https://avatars.discourse-cdn.com/v4/letter/s/41988e/32.png) [@stillownedbysetters](https://boards.straightdope.com/u/stillownedbysetters)\ **Post date:** [September 14, 2015, 6:31pm UTC](https://boards.straightdope.com/t/can-my-boss-force-me-to-work-overtime-u-s/731164/21 "2015-09-14T18:31:18Z")
This is the national law’s take on it. Your state may offer you more protections, however, so you should check with your state’s labor board. It’s probably on their website under FAQs. It’s a very frequently asked question. _Your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work. It requires only that employers pay employees overtime (time and a half the worker’s regular rate of pay) for any hours over 40 that the employee works in a week._ ---
**Author:** ![Carryon](https://avatars.discourse-cdn.com/v4/letter/c/9fc29f/32.png) [@Carryon](https://boards.straightdope.com/u/Carryon)\ **Post date:** [September 14, 2015, 9:48pm UTC](https://boards.straightdope.com/t/can-my-boss-force-me-to-work-overtime-u-s/731164/22 "2015-09-14T21:48:24Z")
There’s an old labor joke, there are three labor laws in the USA. Federal, state and California. In general, unless you are covered by a CBA or legally binding employment agreement, your employer can make you do anything that isn’t illegal. An employer can certainly make you work overtime. If you are non-exempt they must pay you overtime. Exempt employees may or may not (usually not) get overtime or comp time. (Note:Some federal employees are exempt from overtime and may get comp time instead. Not so with private workers). Most states and the federal government have no provision for “on-call” pay. If your state does not, you can be required to be “on-call” 24/7. Some states have provisions limiting the number of days you can work in a row. For instance, Illinois requires you have at least one day, in a Sun-Sat work week off. But remember your employer determines your work week. So in IL, you could be scheduled the first week, Tue-Sat (5 days) then Sunday starts a new work week, so then you could be scheduled Sun-Thu (5 days) and wind up working ten days in a row. In regards to using the FMLA, the taking off of Fridays and Mondays has been used so often they amended the act to give employers more power to force the employee to prove he really needs the Monday or Friday off. This was due to a lot of abuse of what is termed intermittent FMLA use. Which IS perfectly legal, if really needed. The original FMLA examp is paid for by the employee. If the employer requires a second exam to verify the employees need, then the employer pays for it. If that second opinion is contrary to the first, the employer can request a third exam, again paid for by the employer which is final. Remember the FMLA (and even the ADA) requires your employer make a reasonable accommodation. It does not have to be the accommodation you want, or even the one your doctor wants, just that it accommodates you within reason. To be eligible for FMLA, you have to work for your employer for the last 12 months, worked at least 1,250 hours, at a location where the employer has 50+ employees, within 75 miles. (this would cover multiple offices). The fact that non of you signed up has little meaning, as employers are free to change job descriptions and requirements at will, depending on business needs, provided they don’t do so for discriminatory reasons, of a protected class. I will add California has a lot more restrictive laws and protections for workers, and you would have to see the DOL website or offices if the OP lives in that state. As an exempt employee I found myself in a similar position where I had a lot of weekends I had to work as we couldn’t find an employer to cover the position, so I sympathise. ---
**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\ **Post date:** [September 15, 2015, 12:34am UTC](https://boards.straightdope.com/t/can-my-boss-force-me-to-work-overtime-u-s/731164/23 "2015-09-15T00:34:27Z")
> [@Mikeisskeptical](#): > > legally I would guess it depends on what it says in your contract. If you aren’t in a good union though (or don’t have a good lawyer), you are pretty much powerless. Without proper representation, your boss can sack you because he/she doesn’t like your face. Union or no union if you refuse OT you can be fired. ---
**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\ **Post date:** [September 15, 2015, 12:46am UTC](https://boards.straightdope.com/t/can-my-boss-force-me-to-work-overtime-u-s/731164/24 "2015-09-15T00:46:40Z")
> [@Carryon](#): > > There’s an old labor joke, there are three labor laws in the USA. Federal, state and California. > \*\*Most states and the federal government have no provision for “on-call” pay. If your state does not, you can be required to be “on-call” 24/7. \*\*. Last I knew there is a federal pay requirement of pay for being on call. Well sort of. The requirement is that an employee be justly compensated for all hours that they are required to be on call. Now what is “justly compensated” is not defined. California in the past has taken the attitude that minimum wage is just compensation. and the definition of on call is if being on call interrupts your life. Like requiring you to respond in a time frame, ie not leaving town. Not drinking. What I have seen as normal compensation is !/2 regular pay for every hour on call. I knew a surgery nurse who was always on call when not working. Her on call pay was more than her regular hours. she drove a 911 to and from work. ---
**Author:** ![JerrySTL](https://avatars.discourse-cdn.com/v4/letter/j/e274bd/32.png) [@JerrySTL](https://boards.straightdope.com/u/JerrySTL)\ **Post date:** [September 15, 2015, 1:10am UTC](https://boards.straightdope.com/t/can-my-boss-force-me-to-work-overtime-u-s/731164/25 "2015-09-15T01:10:24Z")
> [@Mean\_Mr.Mustard](#): > > If we’re going to play the pedant game - as you seem to want to - neither the military nor “a few other occupations” can force you either. > mmm You win. 😉 ---
**Author:** ![purplehearingaid](https://avatars.discourse-cdn.com/v4/letter/p/7bcc69/32.png) [@purplehearingaid](https://boards.straightdope.com/u/purplehearingaid)\ **Post date:** [September 15, 2015, 3:01am UTC](https://boards.straightdope.com/t/can-my-boss-force-me-to-work-overtime-u-s/731164/26 "2015-09-15T03:01:35Z")
If you work in a medical field it’s common to work overtime. When I was a health aide and on vacation my bossed called me to come in and work. I worked over time it was expected of health aides b/c it was in the medical field . I was really bugged that my bossed called me ,I told my ex husband not to answer the phone and he did and said I was home ! We were going to go out on a day trip . :smack: [Previous page](https://boards.straightdope.com/t/can-my-boss-force-me-to-work-overtime-u-s/731164.md?page=1)