Can You Be Required to Work Overtime?

In today’s fast-paced work environment, employers often rely on employees to go above and beyond a standard 40-hour workweek. But what happens when that "extra effort" isn't optional? 

Can your employer legally require you to work overtime? What are your rights as a worker? Are there exceptions? And what should you do if you believe your employer is violating labor laws?

At Morgan & Morgan, we believe that every employee deserves fair treatment, safe working conditions, and full compensation for the time they spend on the job. 

If you believe your employee rights have been violated, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

What Is Overtime? The Basics

Overtime is typically defined as any hours worked over 40 in a single workweek. Under the Fair Labor Standards Act (FLSA), the federal law that governs minimum wage, overtime pay, recordkeeping, and youth employment, non-exempt employees must be paid time and a half (1.5x their regular hourly rate) for overtime hours.

However, whether your employer can require you to work those additional hours and whether you’re entitled to overtime pay depends on several factors:

• Your job classification (exempt vs. non-exempt)
• Your industry
• Your employment contract
• State-specific labor laws
  
   

Can My Employer Require Overtime?

In most cases, yes, employers can require employees to work overtime, even without prior notice or employee consent. As long as:

1. The employee is over 18 (in most states)
2. The required hours do not violate any federal or state labor laws
3. The employee is properly compensated according to wage laws
    

This means an employer generally can fire or discipline an employee for refusing to work mandatory overtime, unless:

• The overtime violates a collective bargaining agreement (union contract)
• The employee qualifies for a medical or family leave exemption
• The additional hours would create unsafe working conditions
• The employee has a religious or disability-related accommodation

In short, the law is on the employer’s side when it comes to requiring overtime, but only to a point.

Exempt vs. Non-Exempt Employees: What’s the Difference?

The FLSA distinguishes between two major categories of workers: exempt and non-exempt. Your status determines whether you're eligible for overtime pay.

Non-Exempt Employees

Most hourly workers fall under this category. Non-exempt workers:

• Must be paid at least the federal minimum wage (or higher if state law applies)
• Are eligible for overtime pay for all hours worked beyond 40 in a workweek
• Can be required to work overtime (as long as they are compensated fairly)
   

Examples include:

• Retail employees
• Hospitality workers
• Call center agents
• Warehouse staff
• Administrative assistants

If you’re a non-exempt employee, your employer must pay you time and a half for all eligible overtime hours. Failing to do so can be a violation of federal law.

Exempt Employees

Exempt employees are typically salaried and work in executive, administrative, professional, or computer-related roles. These employees:

• Are not entitled to overtime pay
• Often have job duties that require discretion and independent judgment
• Must earn at least $684 per week (as of 2024) to qualify for the exemption
   

Common exempt roles include:

• Managers and supervisors
• Accountants
• Engineers
• Teachers
• Software developers

Just because your employer labels you as “exempt” doesn’t mean it’s legally accurate. Misclassification is a common issue—and it can cost you thousands in unpaid wages.

When Overtime Becomes Illegal

While employers have wide discretion to set schedules, there are still legal limits to how and when overtime can be mandated. Here are a few scenarios where required overtime may cross the line into illegal territory.

Failure to Pay Proper Overtime Rates

This is the most common wage violation. If you’re non-exempt and working over 40 hours a week without receiving time-and-a-half, your employer may be in violation of the FLSA or applicable state law.

Forced Overtime for Minor Workers

Under federal child labor laws, workers aged 16 or 17 have restrictions on the hours they can work, especially during school weeks. Employers requiring overtime from these workers may be breaking the law.

Unsafe Working Conditions

The Occupational Safety and Health Administration (OSHA) requires employers to provide safe and healthy working environments. Forcing employees to work excessive hours—especially in hazardous industries like construction, healthcare, or transportation—can create unsafe conditions and open employers up to liability.

Retaliation for Refusing Overtime

If you refuse overtime because of legitimate concerns, like health, safety, or religious obligations, and your employer fires or retaliates against you, you may have grounds for a wrongful termination or discrimination claim.

What About State Laws?

Some states have laws that go beyond federal requirements. Here are a few examples:

California

This West Coast state requires daily overtime pay (after 8 hours in a single day) and double time for work over 12 hours in a day or more than 8 hours on a seventh consecutive day.

 

New York

New York follows the federal 40-hour rule but also enforces stricter wage theft laws.

 

Alaska and Nevada

These states both have daily overtime laws similar to California’s.

Some states also limit how many consecutive days an employee can work without a day off or cap the number of hours in a single day.

The bottom line is always check your state’s labor department website or consult with an employment attorney if you’re unsure of your rights.

Can You Say No to Overtime?

In general, employees do not have a legal right to refuse mandatory overtime, unless:

• You have a disability or medical condition covered by the ADA or FMLA
• You're part of a union with a collective bargaining agreement that limits overtime
• The request would create an unsafe or unhealthy work situation
• The overtime request violates state labor laws

If none of these exceptions apply and you still refuse to work overtime, your employer may legally discipline or terminate you.

Religious and Medical Exemptions

If you need to refuse overtime due to religious reasons or medical conditions, you may be protected under:

• The Americans with Disabilities Act (ADA)
• The Family and Medical Leave Act (FMLA)
• Title VII of the Civil Rights Act

However, these protections often require you to give notice and provide documentation. Your employer may also be able to deny accommodations if it causes “undue hardship” to the business.

I’m a Nurse. Can I Be Required to Work Over 16 Hours?

Unfortunately, nurses in states without legislation prohibiting mandatory overtime can be forced to work overtime. However, it is critical to note that your employer must pay you adequately at a time and a half your hourly wage. If your employer fails to pay you higher wages for overtime, they are committing an illegal wage and hour law violation.  

Some nurses may welcome the opportunity to work overtime, whether to hone their skills or receive more pay. However, nursing is a demanding profession that requires a high level of physical, mental, and emotional endurance. While nurses are known for their compassionate care and tireless work, being constantly overworked and exhausted can significantly impact both the nurse and the patient.

How Do You Know If You’re Being Exploited?

You may be the victim of overtime abuse or wage theft if:

• You’re asked to work “off the clock” before or after your shift
• You’re misclassified as exempt but don’t meet the legal criteria
• You’re pressured to skip breaks or falsify timesheets
• You’re consistently not paid the correct overtime rate
• You’re retaliated against for complaining about overtime violations

These are red flags—and they’re more common than you might think.

What To Do if You’re Being Forced Into Unlawful Overtime

If you suspect your employer is violating wage or labor laws, here are steps you can take:

1. Document Everything

Keep records of your hours worked, pay stubs, schedule changes, and any communication regarding overtime. This can serve as critical evidence.

2. File a Complaint with the Department of Labor

You can file a complaint with the Wage and Hour Division (WHD) of the U.S. Department of Labor. This can trigger an investigation and potential penalties for your employer.

3. Talk to an Employment Lawyer at Morgan & Morgan

Contact Morgan & Morgan, especially if you’ve experienced retaliation or lost wages. You may be entitled to back pay, penalties, and even punitive damages.

At Morgan & Morgan, we offer free, confidential consultations to help you understand your rights and options.

Key Takeaways

• Employers can require overtime, but they must follow state and federal labor laws.
• Non-exempt employees are generally entitled to time-and-a-half pay for all hours over 40 per week.
• Exempt employees may not be eligible for overtime, but misclassification is common.
• Refusing overtime could lead to discipline or termination unless you qualify for a legal exemption.
• Documentation and legal advice are essential if you suspect your rights are being violated.
  
   

How Morgan & Morgan Can Help

Wage violations aren’t just unfair—they’re illegal. And at Morgan & Morgan, we’re here to make sure employers are held accountable. 

With over 35 years of experience, our employment law attorneys fight every day for workers who are taken advantage of. We’ve recovered over $25 billion, and we may be able to help you fight for the wages you’re owed, too.

If you’ve been forced to work unpaid overtime, misclassified, or retaliated against for speaking up, you don’t have to face it alone. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.