(Non-Exempt Employee) If we are told we have to stay late which will cause 4 hours of overtime is employer allowed to tell us to come in late other days because they do not want to pay overtime?
Generally if you are required to work more than 8 hours in a day or 40 hours in a week, your employer is required to pay you overtime. In some jurisdictions like California, if you have to work more than 12 hours in one day you are entitled to double time. The way overtime is calculated changes from state to state so you should consult the Department of Labor in your state for details of overtime in your state. Best of luck!
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Employment / Labor Attorney
In the typical situation, there is no prohibition against the employer adjusting the schedule to avoid employees working more than 40 hours of work. An exception would be where a collective bargaining agreement has restrictions specifying the hours of work for each shift. I am assuming you are eligible for overtime to begin with.
Employment / Labor Attorney
Generally, if you are entitled to overtime (some jobs aren't anyway), then you are entitled to overtime for time over 40 hours in a week. "Overtime" is not more than 8 hours in a day. It is simply if you work more than 40 hours in a week. The Department of Labor website has some good guidelines that will help address your question also.
DISCLAIMER: My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.