To put things simply, yes. An employer can make someone work overtime hours. The general rule is that an employer has control over the schedules of their employees. However, that employer also needs to make sure that they are following all laws about overtime pay. If you suspect that your bosses are not paying you what you deserve, then you should talk to a Chesterfield County wage & hour law attorney.
Does Virginia Have Its Own Laws About Overtime Hours?
Virginia requires employers to pay overtime largely consistent with the rules laid out under federal law pursuant to the Fair Labor Standards Act, or FLSA. This federal law allows your employer to set your schedule and ask you to work overtime. If you refuse to work those extra hours, they are within their rights to fire you.
What Does an Employer Have to Do When Employees Work Overtime Hours?
The FLSA requires employers to pay any non-exempt employee overtime wages when they work more than 40 hours in a week. When you do work over 40 hours in a week, you are supposed to be paid extra.
Virginia copies federal law again here by setting an overtime rate of 1.5 times an employee’s normal rate of pay. So if you normally make $10 per hour, then you must be paid $15 per hour when you work more than 40 hours. Not paying an increased wage for those additional hours worked is illegal, and an employer who does not raise pay rates after 40 hours worked in a week should be reported to the state or federal government.
What Is Actually Considered Overtime?
It is also important to note that overtime is only considered on a weekly basis. What we mean is that the only thing that really matters here is whether or not you work more than 40 hours per week. How much you work in a given day does not actually matter unless it pushes you past 40 hours in a workweek.
Let’s say that you work eight hours on Monday and Tuesday, but then you work 10 hours on Thursday. If that is all you worked that week, you do not get paid overtime for those two additional hours on Thursday. Working more than eight hours in a day only qualifies you for extra pay when those hours put you over 40 hours for the week.
Now, if you work eight hours per day Monday through Thursday and then another 10 hours on Saturday, you do get overtime. Those last two hours of work on Saturday deserve overtime wages.
Talk to an Employment Lawyer
When you contact Passero Employment Law, you are getting the assistance of an experienced employment attorney who can help you fight back against an employer who has taken advantage of you. Schedule a consultation if you believe that your employer is not following overtime laws. Our employment lawyer would be glad to help you.