Legal Question in Employment Law in Michigan

Re: mandatory overtime

Generally, the employer has sole discretion concerning who works overtime and how much. Unless the employer has a policy which allows employees to set their own hours, an employee may not dictate how much overtime he or she will work. In the absence of a policy or agreement to employ someone for a certain number of hours per week, an employee does not have the right to work more or fewer hours than allowed by the employer.

An employer may make overtime a condition of employment. Because employment is Michigan is "at will" (meaning that either the employer or the employee may terminate the relationship at any time, with or without cause and with or without notice), the employer generally may change a job description or a policy concerning overtime hours. If an employee disagrees with the condition, then the employee may exercise his/her right to terminate the relationship. Although this might not be a desireable option to some employees, it is what Michigan law provides.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.