Mandatory OT questions

Is a company allowed to tell a potential employee they must be available for paid over time (time and a half) on weeknights after their regular shift?

Can a company make you sign something that in effect says if the employee refuses the OT more than ___ times, they acknowledge they will be fired?

Mandatory OT questions

I don't know the legalities of that, but I know that I've been on interviews where they have asked if I'd be available for OT if necessary but never heard of signing to a contract with that kind of a stipulation.

Personally, I would not take a job that required that.

Mandatory OT questions

I don't know if that is legal to make you sign something like that, but I do know of positions where it is laid out in the beginning, that there is a potential to HAVE to work a case. I see this a lot in home care, which is what I do, where some clients cannot be left alone so a lot of times, the staff get stuck until their relief shows.

I know my agency has the staff sign something in their training that they are aware of this policy. Staff have gotten fired for leaving a must-cover alone.

It's hard because I "get" that staff have family and such too that they need to be with so it's a gray area.

I also know there are just fields out there where it's understood that working a lot of hours at certain times comes with the role (i.e. law, accounting).

Mandatory OT questions

I personally think (based on my limited research) that a company can do that. I think it is ok as long as it is paid at time and a half or more.

Re: Mandatory OT questions

I'm assuming this is NYS. If not, you'd need to look at that state's DOL site.

Outside of any employment agreement or if they are in a section that requires mandatory rest, yes I believe they can.


http://www.labor.ny.gov/workerprotection/laborstandards/faq.shtm#7

An employer cannot force an employee to sign anything. However, they can make it a condition of employment that an employee sign something.

Re: Mandatory OT questions

Re: Mandatory OT questions

I worked for a smallish business that had mandatory OT. I did not sign anything at first .

After 7 years of employment, when I returned from maternity leave & requested to be "allowed" to leave on time (only on time, not early) 2 days a week to pick DS up I was told ABSOLUTELY not. Shortly after I made the request we suddenly recieved an employee hand book which i had to sign acknowledging mandatory OT when it was needed.

Signing the manual was a condition of employment.

I no longer am employed at this place!

Re: Mandatory OT questions

My DH has built-in OT every week. He works at least 50 hours. It's "optional" but not really. He's union, we would lose a lot of money if he didn't do it.

My BFF is NYPD- they have mandatory OT. You get notified the day before and it doesn't matter what you have planned, you have to do it or get someone to cover you. The only time that's protected is vacation.

I'm sure it's legal.