Employment Law

Employment law questions? Ask an employment lawyer.

Connect one-on-one with {0} who will answer your question

If an employer forces you to work overtime can they then…

Customer Question

If an employer forces...

If an employer forces you to work overtime can they then force you to come in later the next day taking your overtime pay?

Lawyer's Assistant: Is this an hourly or salaried position? Part time or full time?

Hourly

Lawyer's Assistant: Where are they located? Employment law varies by state.

Fulltime

Lawyer's Assistant: Anything else you want the Lawyer to know before I connect you?

Spokane

Submitted: 22 days ago.Category: Employment Law

Show Less

Ask Your Own Employment Law Question

Answered in 1 minute by:

3/6/2020

Employment Lawyer: Phillips Esq., Attorney-at-Law replied 22 days ago

Phillips Esq., Attorney-at-Law

Category: Employment Law

Satisfied Customers: 29,161

Experience: B.A.; M.B.A.; J.D.

Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

I am sorry, but I do not understand your question:

"If an employer forces you to work overtime can they then force you to come in later the next day taking your overtime pay?"

Kindly clarify.

Thank you for your cooperation.

Please note that I work with multiple customers on the site and I respond to posts in the order that they are received. If you have responded to my information request or have asked additional questions but have not heard back from me, it does not mean that I have ignored your post. It just means that I am currently working with another customer in front of you or may be offline. Thank you for your understanding.

Customer reply replied 22 days ago

We work hourly pay with monthly schedules made up. Our employer will force us to work overtime beyond the daily set schedule, then tell us we have to come in later the next day taking away our overtime pay. This is consistent every week. Is this legal to do after giving us schedules.

Employment Lawyer: Phillips Esq., Attorney-at-Law replied 22 days ago

Thank you for the information.

In what state are you located?

Customer reply replied 22 days ago

Spokane, Wa

Employment Lawyer: Phillips Esq., Attorney-at-Law replied 22 days ago

Thank you for the information. Kindly give me a few minutes to prepare my response to your question.

Employment Lawyer: Phillips Esq., Attorney-at-Law replied 22 days ago

Response: Unfortunately, this is legal, but highly improper and unfair. Washington State only considers hours worked above 40 hours in a 7-day workweek as overtime. So, your employer can unfairly manipulate the schedules in its favor.

https://lni.wa.gov/workers-rights/wages/overtime/#:~:text=

I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor. A 5-star positive rating to my response is appreciated so that I can receive credit from the site for responding to your post. Thank you for your cooperation.

Please note that I work with multiple customers on the site and I respond to posts in the order that they are received. If you have asked additional questions but have not heard back from me, it does not mean that I have ignored your post. It just means that I am currently working with another customer in front of you or may be offline. Thank you for your understanding.

Customer reply replied 22 days ago

I don't understand how you would ever get overtime then if your forced to stay late then come in later, I thought they had to give 24 hour notice to change your schedule.

Employment Lawyer: Phillips Esq., Attorney-at-Law replied 22 days ago

I don't understand how you would ever get overtime then if your forced to stay late then come in later, I thought they had to give 24 hour notice to change your schedule.

Response: Unfortunately, schedules are at the sole discretion of the employer if you do not belong to the Union or have an employment contract.

In Washington State, overtime is determined on a 7-day workweek, regrettably.

Customer reply replied 22 days ago

Thank you for your time dad CVS facts like it can't afford to pay its employees fairly

Employment Lawyer: Phillips Esq., Attorney-at-Law replied 22 days ago

I am sorry, but I do not understand your follow-up statement:

"Thank you for your time dad CVS facts like it can't afford to pay its employees fairly"

Was this answer helpful?

Yes

How JustAnswer works

Describe your issueThe assistant will guide you

Chat 1:1 with an employment lawyerLicensed Experts are available 24/7

100% satisfaction guaranteeGet all the answers you need

Related Employment Law Questions

Can the Postal Service force you to work over 12 hours

Can the Postal Service force you to work over 12 hours everyday and force you to work your off day without any pay. I am a Manager … read more

Law Educator, Esq.

138,466 satisfied customers

I lready worked 8 hours and was mandated for another 8 and

I lready worked 8 hours and was mandated for another 8 and have to be back in 8 hours is this legal? … read more

Ray

Employment lawyer

Doctoral Degree

2,938 satisfied customers

I am a school bus driver for a district in Summit County,

Good Morning Pearl, I am a school bus driver for a district in Summit County, Ohio. When I was a sub-driver, there were times I put in over 40 hours a week. I was told by our Transportation Supervisor… read more

VL Lawyer

Juris Doctorare

534 satisfied customers

I have a question. I was working with a company then I put

Hi i have a question. I was working with a company then I put in my two weeks notice in . I authorized someone like usually to pick up my check they refuse to released the check to him and demanded th… read more

Law Educator, Esq.

138,466 satisfied customers

I was sent home for being sick. My hours are 6am to 2:30

I was sent home for being sick. My hours are 6am to 2:30 pm....I said I was ok and could work. They said no you are not going to get other people sick so you go home. Do they have to pay me for so man… read more

INFOLAWYER

Partner

Doctoral Degree

75,694 satisfied customers

I am an exempt, salary employee, will I have to be changed

I am an exempt, salary employee, will I have to be changed to hourly if my employer is unwilling to increase my salary to $47476/year? … read more

RobertJDFL

Attorney

Juris Doctorate

17,205 satisfied customers

I work for security agency and employed to work fulltime 40

I work for security agency and employed to work fulltime 40 hrs per week - I have been relieved more than five time late by another employee and made the management aware each time - for each time I w… read more

JB Umphrey

Lawyer

Juris Doctor

6,273 satisfied customers

Can you be fired for working overtime? Im in the hospiitality

Can you be fired for working overtime? I'm in the hospiitality field and cannot leave my job until the next shift shows up --and they are frequently late.… read more

AttorneyTom

Lawyer

Juris Doctor, BSBA

2,469 satisfied customers

I am a dental professional who provides healthcare services

I am a dental professional who provides healthcare services to patients of the Dentist with whom I am employed. From the very beginning of my employment I was expected to be at the office at a certain… read more

Tina

Attorney and Counselor at Law, Mediator

Doctoral Degree

31,168 satisfied customers

Our work week is Sunday through Saturday. We lost 4 days of

Our work week is Sunday through Saturday. We lost 4 days of work due to weather (Tuesday thruogh Friday but worked Saturday). Can we be forced to work the next 4 Saturdays at straight time to make up … read more

JB Umphrey

Lawyer

Juris Doctor

6,273 satisfied customers

I am scheduled to work 40 hour work week. (8 hours M-F). Is

I am scheduled to work 40 hour work week. (8 hours M-F). Is it legal for my employer to ask that if I work 8 1/2 hours on Monday to then come in 1/2 hour later the next day so as to not pay overtime?… read more

Ray

Employment lawyer

Doctoral Degree

2,938 satisfied customers

Can a company , as a general practice , force an employee to

Can a company , as a general practice , force an employee to work over 40 hours in a week and make them take time off the following week ?… read more

Marsha411JD

Lawyer

Doctoral Degree

12,729 satisfied customers

As an hourly employee can I be forced to use vacation time

As an hourly employee can I be forced to use vacation time for a missed day when I was able to make up in the same pay period?… read more

Allen M., Esq.

Employment Lawyer

Juris Doctor, Cum Laude

13,841 satisfied customers

we are not paid if we do not come in. we work 40 hrs/wk like

we are not paid if we do not come in. we work 40 hrs/wk like dogs - we work for a small law firm in NY - she docks our pay if we go to doctors or take off for any reason - some people she does not doc… read more

Marsha411JD

Lawyer

Doctoral Degree

12,729 satisfied customers

I work for a large national grocery store (smells like Walmart

I work for a large national grocery store (smells like Walmart some days but is it not Walmart). I work as a field person and visit 37 stores all over Southern Arizona. When my boss first hired me she… read more

LawTalk

Attorney at Law

Juris Doctor

27,567 satisfied customers

We have an hourly employee who is scheduled to work over ...

We have an hourly employee who is scheduled to work over the weekend. He will be going to an event where he''ll be working 10+ hours per day. Is it legal to allow him to go and give him 2 days off the… read more

socrateaser

36,667 satisfied customers

Can an employer in the state of california (bootbarn) make ...

Can an employer in the state of california (bootbarn) make an employee work 8 straight days, even if it rolls into the next week? I am an hourly employee.39570.6798190162… read more

Anne

Attorney

Doctoral Degree

2,149 satisfied customers

My employer has told me they will not longer pay ...

My employer has told me they will not longer pay overtime. I have been told that if I work overtime one day that the next day I must come in and then go home for a couple of hours (unpaid) and then co… read more

BusinessDoc

Doctoral Degree

7,672 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer ar Show More

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

JustAnswer in the News:

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.
MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you
Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Employment Lawyer

13,841 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Lawyer

12,729 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

Employment Lawyer

4,293 satisfied customers

Exclusively practice labor and employment law.

ScottyMacEsq

Lawyer

3,526 satisfied customers

Licensed Texas General Practice Attorney

Ray

Employment lawyer

2,938 satisfied customers

30 years in Employment law

AttorneyTom

Lawyer

2,469 satisfied customers

Attorney

< Previous | Next >

Show MoreShow Less