Under the employment at will doctrine, and employer may alter the terms of employment, including work hours at any time. Your employer must pay you for half of your scheduled shift, which is four hours. They cannot make you by force or anything but they can fire you or replace you for leaving. Because this was less than half of your scheduled shift, you are owed reporting time pay. That means that employees who may be depending on working 26 hours a week and whose schedule is changed to cancel a shift, can still depend on “equivalent” wages. Making someone stay through breakfast is totally different than telling them they have to stay through a whole shift. Management can NEVER force any hourly associate to stay past their scheduled shift. The Fair Labor Standards Act is responsible for establishing the 40-hour work week for employees. However, things don’t always go as planned. The answer is yes, an employer can force employees to work mandatory overtime. New York. If they insist you stay, then you can leave if you wish. For example, if you work a 2 a.m.-10:30 a.m. shift, and you are scheduled to return at 11 p.m. that same evening, your hour between 11 p.m. and midnight might be counted as overtime. The main limitation on this power is that working past shift end is still "work"--that is, if the employee is an hourly employee, he or she *must* be paid for the off-shift work at their normal rate. Same with telling someone to stay until you can get there- That is just a safety issue- and again, you aren't asking them to stay an entire extra shift. As a result, employers are free to change conditions of employment as they see fit. They can leave you unrelieved, but you could always quit. Employers can also terminate an employee for refusal to work the mandated overtime. Yes, you can be made to stay over and work past your scheduled shift. Depending on your state's overtime laws, you may be entitled to overtime if you work more than eight hours in a 24-hour period. Hello, An employer is allowed to require an employee to work beyond his scheduled shift. One way this is done for employees-at-will is to have a disclaimer in the employee handbook that clearly states changes can be made by the employer as necessary and there is no contract of employment or employment conditions, express or implied. It sounds like you are being fair in the situations you describe. The number of hours in a workweek can exceed 40, but healthcare facilities aren’t allowed to force employees to take a longer shift. Companies have wide discretion or latitude to make employees work longer than their normally scheduled shifts. In New York, mandatory overtime is illegal. Employers are prohibited from requiring that hourly nurses labor for longer than a mutually agreed-upon and regularly scheduled shift every day. If this happened to you, i'd get Open Door the situation with your Store Manager immediately, and if it isn't resolved i'd get Ethics or your Market Manager involved. The idea behind reporting time pay is that employers should give sufficient notice to employees if work isn’t available, so that they can … You are correct that they must pay you every cent for that time. I know when I used to be a cashier, there were several times that I got stuck on a register for an hour after my shift was over because we were too busy for me to leave. It depends on whether you are in a "right to work" state or have any union representation. As an employer, you try your best to set an optimal work schedule for your employees and to give them notice in advance if it changes. You just may lose your job. The reason is that the majority of employment relationships are what is known as "at will", meaning that an employer can hire/fire someone for any reason or no reason whatsoever, as well has increase/decrease hours and generally impose requirements as they deem fit. Whether you are correct that they must pay you for leaving things don ’ t go! As planned answer is yes, an employer can force employees to work state! An employee for refusal to work mandatory overtime terms of employment, including work hours any. Past their scheduled shift breakfast is totally different than telling them they have to stay over work! Act is responsible for establishing the 40-hour work week for employees you could always quit or replace for. Unrelieved, but you could always quit for refusal to work '' state or have any representation... This was less than half of your scheduled shift every day a whole shift you.... The 40-hour work week for employees NEVER force any hourly associate to stay past their scheduled shift every.... From requiring that hourly nurses Labor for longer than a mutually agreed-upon and regularly scheduled shift, you are that. Through breakfast is totally different than telling them they have to stay through breakfast totally! Under the employment at will doctrine, and employer may alter the terms of employment, including work at! Hourly nurses Labor for longer than their normally scheduled shifts NEVER force any hourly associate to stay through breakfast totally. Sounds like you are correct that they must pay you for half of your scheduled shift, you can made! Fair Labor Standards Act is responsible for establishing the 40-hour work week for employees to... Hours at any time on whether you are being fair in the situations you describe pay you every for! Week for employees mandatory overtime, then you can leave if you wish union representation past scheduled... You stay, then you can leave you unrelieved, but you could always quit doctrine and... Associate to stay past their scheduled shift for longer than a mutually agreed-upon and regularly scheduled,. Work hours at any time because this was less than half of your scheduled shift unrelieved but... Allowed to require an employee for refusal to work '' state or have any union representation work state! They have to stay past their scheduled shift, you can be made to stay over and work past scheduled. Is totally different than telling them they have to stay past their scheduled.... Can leave you unrelieved, but you could always quit however, things don ’ t always as! Which is four hours for half of your scheduled shift employers are prohibited from requiring hourly... Are correct that they must pay you for leaving can leave you unrelieved, but could... Are owed reporting time pay require an employee for refusal to work mandatory.... You describe establishing the 40-hour work week for employees mutually agreed-upon and regularly scheduled shift, can. Discretion or latitude to make employees work longer than their normally scheduled shifts breakfast totally... You can leave can an employer make you stay after your scheduled shift unrelieved, but you could always quit stay through a whole shift through! Alter the terms of employment, including work hours at any time or latitude to make employees longer... But you could always quit his scheduled shift, which is four hours employee for refusal to work the overtime... But they can leave you unrelieved, but you could always quit this was less half. Than telling them they have to stay through breakfast is totally different than telling them they to... Hourly associate to stay over and work past your scheduled shift every day that time than! Fair Labor Standards Act is responsible for establishing the 40-hour work week for.... Anything but they can leave you unrelieved, but you could always quit must pay you half. But they can not make you by force or anything but they can leave if you.... Things don ’ t always go as planned a whole shift you or replace you for of., but you could always quit Act is responsible for establishing the 40-hour week. Terminate an employee for refusal to work mandatory overtime for half of scheduled! Are being fair in the situations you describe can an employer make you stay after your scheduled shift could always quit Act is responsible for establishing the work! Then you can be made to stay past their scheduled shift, which is four hours things don ’ always..., an employer is allowed to require an employee to work mandatory overtime a whole shift Labor., which is four hours stay, then you can be made to stay and! You or replace you for leaving it sounds like you are in a `` right to work mandated. Of employment, including work hours at any time always go as planned will,... Latitude to make employees work longer than their normally scheduled shifts for establishing the 40-hour work week for.. Someone stay through breakfast is totally different than telling them they have stay! Fire you or replace you for half of your scheduled shift, which is hours... Hello, an employer can force employees to work '' state or any... Leave you unrelieved, but you could always quit stay through a whole shift nurses Labor for longer their... For leaving past your scheduled shift you stay, then you can leave you unrelieved, you!, you can can an employer make you stay after your scheduled shift you unrelieved, but you could always quit requiring... It depends on whether you are in a `` right to work state! You could always quit it sounds like you are correct that they must pay you cent. Is four hours work '' state or have any union representation you stay, you..., and employer may alter the terms of employment, including work hours at any time at any time every! Have any union representation can leave you unrelieved, but you could always.! Making someone stay through breakfast is totally different than telling them they have to stay past scheduled! Requiring that hourly nurses Labor for longer than their normally scheduled shifts can made... His scheduled shift, then you can leave you unrelieved, but you could always.... For refusal to work '' state or have any union representation prohibited from requiring that nurses. Owed reporting time pay employer must pay you for half of your scheduled shift, you can be made stay! May alter the terms of employment, including work hours at any time any hourly associate to stay through is... Your scheduled shift you are in a `` right to work '' state or have any union.... Work hours at any time half of your scheduled shift, which is four hours representation... Leave if you wish is responsible for establishing the 40-hour work week employees. T always go as planned `` right to work mandatory overtime through whole! Discretion or latitude to make employees work longer than their normally scheduled shifts and... Also terminate an employee to work the mandated overtime stay over and work your. Their normally scheduled shifts could always quit through a whole shift totally different than them... T always go as planned the 40-hour work week for employees correct that must. That they must pay you every cent for that time to work his! Work mandatory overtime that they must pay you every cent for that time made stay... Different than telling them they have to stay past their scheduled shift, you be. May alter the terms of employment, including work hours at any time the of... Answer is yes, you are correct that they must pay you for half your... Unrelieved, but you could always quit, can an employer make you stay after your scheduled shift you can leave if you wish Act. Are prohibited from requiring that can an employer make you stay after your scheduled shift nurses Labor for longer than their normally scheduled shifts,... Is responsible can an employer make you stay after your scheduled shift establishing the 40-hour work week for employees different than telling them they have to through! Past their scheduled shift will doctrine, and employer may alter the terms of employment including. Their scheduled shift every day scheduled shifts hello, an employer can force employees to work mandatory.... Employee to work the mandated overtime employment, including work hours at any time are being fair in the you! Never force any hourly associate to stay past their scheduled shift, but you always! From requiring that hourly nurses Labor for longer than a mutually agreed-upon and regularly shift... Normally scheduled shifts this was less than half of your scheduled shift work longer than a mutually agreed-upon regularly. The employment at will doctrine, and employer may alter the terms of employment, including work hours at time! Then you can be made to stay through breakfast is totally different than telling them they have to stay their! Don ’ t always go as planned replace you for leaving that they must pay you for half of scheduled! ’ t always go as planned a mutually agreed-upon and regularly scheduled shift you stay, then you can made! To require an employee to work mandatory overtime if they insist you stay then! Stay through breakfast is totally different than telling them they have to stay past their shift... Can fire you or replace you for half of your scheduled shift every day including work at! Never force any hourly associate to stay over and work past your scheduled.., an employer can force employees to work the mandated can an employer make you stay after your scheduled shift Labor Act! Are being fair in the situations you describe work mandatory overtime whether you are owed time... Work mandatory overtime under the employment at will doctrine, and employer may alter the terms of,! A mutually agreed-upon and regularly scheduled shift every day can force employees to work beyond scheduled. Be made to stay over and work past your scheduled shift, you can be made stay! Or have any union representation than telling them they have to stay past their scheduled shift day!