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Can employers demand you work over the standard 40 hours without pay or credit?

I did not go into work last Saturday, and now they are docking me one vacation day.

Update:

I am salary (USA-MI), worked for three guys (two jerks) but last year a new guy (a relative of the two) joined the group. He was behind making my hours longer. Yes, they do expect me to work late during the week and Saturday when they deem it necessary with no extra pay. They never indicated that I would be docked any vacation pay until yesterday. I indicated that I had personal appointmens scheduled for Saturday, they don't care.

18 Answers

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  • 1 decade ago
    Favorite Answer

    I work for Cox Communications. They make it so I have MANDITORY overtime every now and then. But they pay me for it. Unless it was a signed contract that you are to work a certain amount of hours a week then no. I would take it up with the BBB, or the head of HR.

  • 1 decade ago

    If you worked your normal workweek and Saturday was above the 40 hours, then no they can not not pay you for the time. You have to be paid for all hours worked and paid time and 1/2 for any hours over 40. Are they deducting the time from your vacation bank but not paying you for it? I'm a little confused by that part of your comment.

    Source(s): 20 yrs payroll experience
  • BARBIE
    Lv 5
    1 decade ago

    NO, ABSOLUTELY NOT !!! USA law states that you cannot be forced to work over 40 hours without getting overtime, unless you are on a salary and if so you should have a contract stating how many hours you may be required to put in over a 40 hour week, etc. . A friend of mine was worked like this for over 2 years, he realized after the 1st few weeks that he was being sweet-talked & complimented into a lot of FREE overtime -- so he began keeping track of all his hours, what he was asked to do, dates and times, etc. Then he asked for an advancement in his status and a $2hr pay raise.

    After 2 years of devoting himself to his boss at all times of the day & night and weekends without complaint, he was flatly turned down.

    Then he asked me what I thought he should do, as he had some kind of delema about suing. I said, "If he doesn't have any respect for you, you don't owe him any respect! Get a lawyer and SUE HIM !!!"

    It took 5 or 6 months, but he got all of his overtime pay, plus time and a half, and then the judge TRIPLED that amount and gave him DAMAGES and back pay -- as he lost his job when he sued (of course). So, he got paid for all the months he had been out of work after suing too, as he was fired w/o cause (he had not done anything wrong techniquely -- he was fired for the personal reasons of his employer -- the personal reasons being the lawsuit) !!!! He got a bundle !!!!

    Also, while he was out of work, he got a license and started his own business!!!! You can get "30MINUTE FREE CONSULTATION" with any lawyer by just calling your local BAR ASSOCIATION. Tell them the type of case you have & they'll recommend a lawyer or two to call. Then phone one of the lawyers and tell them the BAR recommended him for a "FREE CONSULT". They will then set you up for an appointment. Make sure to write down ALL your QUESTIONS before you go to your appointment so that you WON'T FORGET ANYTHING that you need to ask him & thatyou'll GET THE MOST OUT of YOUR "30 minute consult"!!!

    BEST WISHES, Aunt Barbie

    If they give you 2 or 3 lawyer referals, go see all of them. This way you'll be able to assess which lawyer is the most competent, which one you are most comfortable with, etc.

    Also, make sure to agree on a fee. The fee can also be negotiated -- even if he's taking your case on a contingency basis, you can still negotiate for the best rate. Negotiating for 28% is better than having to give him 38%, etc. !!! And get it in writing -- a handshake will not due !!!

    Source(s): So, as you can see, the LAW is VERY SERIOUS about OVERTIME & BENEFITS !!!! If you're in the RIGHT & being treated WRONG, DO SOMETHING ABOUT IT !!! Best Wishes, Barbie
  • Anonymous
    1 decade ago

    hahahaha some employers will do that. I have never heard of them docking your pay but I have heard of them using a vacation day when you don't go in. Even if you don't want them to. If you are on hourly wage that is.And no when you work over 40 hours a week you are supposed to get paid time and a half. They have to pay you for that. You need to call your local employment law office.

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  • 1 decade ago

    No they may not make you work more than 40 hours in a week with out giving you time and a half for your labor over 40 hours. But if your on a salary i have no idea. Good luck and dont take any crap, argue till you get what you want.

  • Mel
    Lv 6
    1 decade ago

    Are you paid by the hour or are you salaried? Are you a U.S. employee?

    If you are hourly, you must be paid for the hours you work. If your vacation time is earned as you go (if you are credited with a certain amount of vacation hours for every week or month that you work), then it is probably illegal for them to take that time back from you unless they have a company policy requiring forfeiture of accrued vacation time for missed work time.

    If you are paid on a salaried basis, they can work you 24/7 with no extra pay. Still illegal for them to dock earned vacation hours though.

  • 1 decade ago

    Not unless it was in your contract or hiring agreement. They have to pay you overtime if you work over the 40 hours. (This mostly applies to blue collar workers, if you are salary then you sometimes need to work a bit overtime without pay, its expected, but not much and they shouldnt dock a vacation day.)

  • Anonymous
    1 decade ago

    Most employers don't have you work on Saturday because they want to inconvenience your life. If you missed a regular day-that would make sense. If they gave people extra vacation time for working-it makes sense-you did not earn an extra day. Suck it up...Or get a different job.

  • 1 decade ago

    It depends on where you live, why you didn't go, and if your union. What are your labour laws? In SK we have great labour laws compared to other places due to our NDP Government. I work in a union shop, therefore, taht is unheard of and would never even come up where I work. I didn't go to work yesterday, and cut out early 2 days this week, due to being sick. I will be getting paid in full becasue I have banked sick time I am entitled to. If you didn't go, becuase you justy didnt want to show up, then isnt it fair they screw you if you screwed them? You should be more specific in your question. I don't think it is right for them to do that to you....depending on the circumstance of course.

  • 1 decade ago

    Remember, salary is another word for slavery. Hourly employees are paid overtime for over forty hours. Salaried Employees are screwed. I have also found that most jobs in America today are over forty hours a week... Sorry.

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