Timeline for Can my company stop me from working overtime?
Current License: CC BY-SA 4.0
13 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| May 3, 2019 at 14:44 | comment | added | Acccumulation | @Kundor In this scenario, the employer isn't "accepting" volunteer labor. The labor is being done without any involvement from them. | |
| May 3, 2019 at 10:22 | comment | added | David Richerby | @ZachLipton So, essentially, in such a jurisdiction, the company's only options are to either fire the employee or physically escort them out of the building at 5pm each day? That's completely ridiculous. (Not shooting the messenger, of course.) | |
| May 3, 2019 at 4:56 | comment | added | Nick Matteo | @Acccumulation: Also, in the US it's illegal for any for-profit business to accept volunteer labor. | |
| May 2, 2019 at 21:23 | comment | added | Zach Lipton | @Acccumulation In at least some jurisdictions (I believe this is generally true in the US), the employer owes wages for any work performed. You have to pay even for unauthorized overtime if the employee does the work. It's up to you as the employer to affirmatively enforce a "no unauthorized overtime" rule; you can't just wait for four hours and enjoy the benefit of the sign-twirling without paying for it or putting a stop to it. | |
| May 2, 2019 at 16:24 | comment | added | Todd Wilcox | @DavidSpillett There are other situations too - in US federal government contracting, the contractor is often legally required to pay overtime to employees who work it, and also legally required to not spend any money beyond what is approved by the contract. A legal out for the company to deal with an employee taking unapproved overtime is to pay the employee and not charge the government - eating the cost. So that's why taking unapproved overtime can be grounds for termination - it's kind of stealing from the contractor. | |
| May 2, 2019 at 15:38 | comment | added | Acccumulation | @Borgh If I tell you that I'll pay you $100 to stand outside my store twirling a sign for 8 hours, and you decide to stand outside my store twirling a sign for 12, you're not "breaching contract", you're simply engaging in volunteer sign-twirling. I have no obligation to pay you "overtime". | |
| May 2, 2019 at 12:00 | comment | added | MSalters | @Borgh: It is definitely a legal thing. In virtually all jurisdictions, labor law is binding. Laws cannot be modified by employment contract terms. And for instance in my jurisdiction (Netherlands), if you consistently work overtime, that by law becomes an established right. Contracts can not deviate from that. | |
| May 2, 2019 at 6:43 | comment | added | Borgh | @Anoplexian reaaaallly epends on contract, not a legal thing. My contract says "you work for us 40 hours a week and we pay you x" and if I decide to work more on my own then I'm pretty much breaching contract. | |
| May 2, 2019 at 4:10 | comment | added | jwenting | @Anoplexian or as it works in my company, you'll be unable to book any hours beyond the ones stated in your contract without explicit permission from your manager, the software simply won't accept your timesheet if you go over that number. | |
| May 1, 2019 at 22:20 | comment | added | Anoplexian | Note, that it's not they can prevent it (in that if you work it anyway, they have to pay you), just that the repercussions amount to insubordination, and could result in your termination. | |
| May 1, 2019 at 16:15 | comment | added | David Spillett | Not only can they, in some places that may have to depending on what hours are being worked, the nature of the work, rules such as those set down in the European Working Time Directive, agreements made with national or more local unions, ...., and any number of other reasons. | |
| May 1, 2019 at 13:06 | comment | added | dwizum | Not only can they, but it's a very typical budget-vs-pace of work decision to make in a business. Is the extra work accomplished in overtime worth the extra cost? | |
| May 1, 2019 at 12:53 | history | answered | motosubatsu♦ | CC BY-SA 4.0 |