Legal Question in Workers Comp in Kansas
Is it legal for a company to force mandatory overtime on workers in attempt to "squeeze" staff members to avoid hiring new staff? Or, is this something the company could be at fault for?
1 Answer from Attorneys
Often when they use the term "legal" they mean, "does it violate a criminal law?" The term "lawful" for "could this make them liable in a civil suit?" Unless, the work is part of a government contract, it is probably not a crime for an employer to require that employees work more than forty hours per week. They have to pay most 150% if their hourly rate for the overtime.
If the employees are not at-will employees, but have individual employment contracts, the employer may be civilly liable if the mandatory overtime violates that contact. Most union contracts address the issue of voluntary and mandatory overtime. If you are an employee or employer facing this issue, consult with an employment lawyer in your area. You need advice specific to the particular facts of your situation.
Good luck
Good luck