Can I sue my employer for forcing me to work overtime ? How much can I sue for?
5 attorney answers
You don't say whether you are an hourly employee who gets paid time and a half for overtime. If you are, your employer can generally require you to work overtime whether you want to or not, but, at least they have to pay you extra for it. Really, in the realm of "problems at work", being forced to work overtime hours at premium pay is one of the better problems to have.
But, I'm betting that you are being treated as an "exempt" employee, and what you really mean to say is that your boss consistently makes you work more than 40 hours per week with no extra pay. That's legal, too! And it's a much more serious problem because you aren't getting paid for it. I've added a link to an article on that subject below. I've also posted a blog about this, which I call "Giving Your Employer the Gift of Unpaid Overtime". I've posted a link to that, too. I realize people have families and need their jobs; but, it comes down to this: if your employer consistently makes you work overtime without extra pay, you should quit, and, until more workers are willing to take that stand, the employers are going to have their way with you.
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No, that is not a viable claim. If you do not like overtime, I would suggest finding a new job.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.
Without a union to deal with , an employer can change work schedules at any time. It is not illegal to terminate an employee who complains to his employer about it. But it is illegal to terminate an employee who talks to other employees about complaining.
I read your question as asking whether mandatory overtime is legal. The answer to that questions is yes. An employer may require workers to work overtime. However, unless the worker is exempt from the overtime requirements, the employer generally must pay its employees time and a half for overtime.
Are you paid time and a half for any hours worked, beyond 40 hours in a week?
If not, contact the New York State Department of Labor and the Attorney General's office and tell them you have a "wage/hour" complaint.