{"id":1704,"date":"2018-02-22T22:28:43","date_gmt":"2018-02-22T22:28:43","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/?page_id=1704"},"modified":"2024-07-31T17:27:20","modified_gmt":"2024-07-31T17:27:20","slug":"can-employer-make-work-overtime-without-notice","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/blog\/can-employer-make-work-overtime-without-notice\/","title":{"rendered":"Can An Employer Make You Work Overtime Without Notice?"},"content":{"rendered":"

Introduction<\/h2>\n

Overtime pay is governed by the Fair Labor Standards Act (FLSA<\/a>), a federal law that establishes the basis for employee wages, child labor, and employer record keeping. The law states that non-exempt employees must be paid 1.5x their hourly wage for any hours worked over 40 hours in a week. Unfortunately, federal law doesn\u2019t address mandatory overtime or advance notice of schedule changes. As such, employers can require as much mandatory overtime as they need, they don\u2019t need to provide any advance notice, and they can discipline, demote, or fire employees who refuse to work overtime.<\/p>\n

Hourly restrictions for child laborers<\/h2>\n

One notable exception to the loophole of mandatory overtime involves workers who are younger than age 16. In the state of Arizona, children under 16 can only work 18 hours a week during a school week and 40 hours a week when school is out of session. On top of that, children under 16 can\u2019t work more than 3 hours a day when school is in session, and they can\u2019t work more than 8 hours a day when school is out of session. Federal law also prohibits children under 16 from working between 9:30pm \u2013 6:00am on a school night, and between 11:00pm \u2013 6:00am on weekends and breaks (ARS 23-233<\/a>).<\/p>\n

Hourly restrictions for contracted laborers<\/h2>\n

The other notable exception would be if you have a contract or collective bargaining agreement that addresses employee hours and overtime. If your contract limits overtime in a week or requires your employer provide advance notice of mandatory overtime, the employer is held to the provisions in the contract.<\/p>\n

Industries with overtime restrictions<\/h2>\n

Some industries that deal with operating a commercial vehicle\u2014namely trucking, airlines, mining, and railroad companies\u2014have limitations on how long an employee can work in a single workday. These restrictions exist to ensure workers who are operating heavy machinery don\u2019t get too drowsy from overworking and cause an accident. Employers in these industries who attempt to compel employees to work beyond the federally-mandated daily limit or weekly limit are liable for civil and criminal action.<\/p>\n

Wrongful termination<\/h2>\n

While employers in Arizona have the right to sever an employment agreement at any time and for any reason (ARS 23-1501<\/a>), there are laws that protect employees against wrongful termination. The following federal laws provide the foundation for an employee\u2019s rights against wrongful termination:<\/p>\n