Legal Question in Employment Law in Pennsylvania

mandatory overtime

I realize my company requires a certain amount of over time given by each of the employees. During a typical work week of 40 hours, I will exceed the 40hr to 50hrs each week. My problem is that when I refuse to do the overtime my company suspends me for one to three days.

Is this practice fare, I have gone to the companies humane resource but they have not been of any help. What type of action can I take if any short of changing my job status?


Asked on 1/06/06, 8:59 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: mandatory overtime

Unless you have an agreement otherwise there is very little regulation that would impinge an employer's right to require overtime. The employer is free to demand as much or as little of your time, as long as the employer (A) pays overtime (unless you are exempt), and (B) _doesn't_ 1) violate industry/occupation specific regulations, 2) require an employee to exceed OSHA guidlelines (more than 12 consecutive full days, etc.).

As I'm certain your employer has told you, you are free to seek employment elsewhere. PA is an at will employment state. The only situation which might possibly benefit you is if the overtime requirement were applied in a discriminatory manner.

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Answered on 1/06/06, 9:40 pm


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