Can I Be Fired for Refusing to Work Overtime?
When it comes to overtime hours and pay, the Federal Labor Standards Act (FLSA) provides minimum standards at a federal level for employees across the country. These minimum standards from the FLSA include things such as the minimum wage and overtime pay.
Overtime in the state of Ohio is handled with a mix of federal law from the FLSA and Ohio’s wage law. So, let’s take a closer look at what overtime laws in Ohio mean for you and what refusing to work overtime can do.
What Are the Overtime Laws in Ohio?
Overtime laws in Ohio (set forth in Ohio Chapter 4111 entitled “Minimum Fair Wage Standards”) tend to follow the FLSA laws with some additions. Ohio state law covers overtime in Section 4111.03 and calls for employers to “pay an employee for overtime at a wage rate of one and one-half times the employee’s wage rate for hours worked in excess of forty hours in one workweek.” Though there is no required overtime if your employer gross volume of sales is less than $150,000 a year.
Compensatory time off can be provided to “a county employee or township employee” in lieu of overtime pay if the employee chooses to make that switch.
And on the topic of mandatory overtime, there is no mandatory overtime pay if an employee ends up working more than 8 hours a day.
When it comes to overtime laws in Ohio and how they affect you as an employee, speaking with a Columbus employment and overtime lawyer may help to further clear up any questions you have, especially if you believe you are not being compensated correctly.
Can I Be Fired for Refusing Overtime?
The long and short answer to this question is, yes. You could potentially be fired for refusing to work overtime. Federal laws state that as long as an employee is paid a proper overtime rate, there is technically no limit to the amount of mandatory overtime that your employer can schedule you for.
Employers are able to require overtime work from employees, though they are not required by the FLSA to pay extra (over and above the overtime premium if the employees work more than 40 hours in a workweek) for overnight or weekend work.
The rule regarding if you can refuse overtime work is one that can be adjusted or modified by prior agreement between you and your employer or through negotiations. In addition, your employer may have to provide certain accommodations that could allow an employee not to work overtime under certain circumstances.
Should you have further questions regarding your rights on refusing overtime, exemptions, or misclassifications, reach out to an employment and overtime lawyer in Columbus, Ohio.
There may be specific situations where the rule of an employee needing to work overtime can be adjusted. A consultation with a Columbus employment lawyer is a first step towards negotiating overtime refusal terms in relation to your position.
Leave a ReplyWant to join the discussion?
Feel free to contribute!