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I can't speak to what another company does. There are no federal laws limiting the amount of overtime an employee can work, and very few states address the matter. What law was supposedly violated regarding too much overtime?
Oh well, where I live, the law stipulates that an emloyee in that profession does not have to work over 44 hours a week if they do not want to, accept for certain types of professions, but not that one. The employer changed the hours for everyone from 40 a week to 61, and threatened to fire anyone who didn't put in 61 hours a week. Not sure the exact specific name of that law, but it says you can refuse if it's over 44 hours, and cannot be fired for it.
Oh well, where I live, the law stipulates that an emloyee in that profession does not have to work over 44 hours a week if they do not want to, accept for certain types of professions, but not that one. The employer changed the hours for everyone from 40 a week to 61, and threatened to fire anyone who didn't put in 61 hours a week. Not sure the exact specific name of that law, but it says you can refuse if it's over 44 hours, and cannot be fired for it.
Ironpony, the only laws I know of that limit amount of hours required to work are positions such as airline pilot, truck driver etc. As someone mentioned there is no federal law limiting (most jobs) required hours. A few states do have some limitations but no where close to 44 hours.
Can you share the State/County/City where you live? It's possible it might be a more local ordinance. It should be easy to verify.
Oh yeah for sure, no problem of course . But doesn't the US have some sort of law that says a boss cannot make employees work a certain number of hours a week, or isn't there a legal limit in which the employee is allowed to refuse if they want to?
Oh yeah for sure, no problem of course . But doesn't the US have some sort of law that says a boss cannot make employees work a certain number of hours a week, or isn't there a legal limit in which the employee is allowed to refuse if they want to?
No limitations federally (other than some professions), a couple of states do have some limitations but nothing close to 44 hours a week.
My understanding is that management has a lot of discretion in hiring and firing where the arrangement is employent-at-will. No notice or reason is required.
I have been told by a lawyer that if a company has a written policy, they need to follow the written policy.
Imagine this scenario:
Lawyer: Why did you fire my client Bill?
Manager: Because he was wearing a blue shirt. I think it's an ugly color. Which I'm allowed to do. Our policy is managers and can hire and fire as they see fit.
Lawyer: But the day after you fired my client, another employee named Joe wore a blue shirt. You did not fire that person. You also have no written policy on shirt color.
Quote:
Originally Posted by IamReady2Move
Manager: The next day I changed my mind about blue shirts. Which I am allowed to do. Our company lets managers make whatever decisions they need to, and change those decisions as they see fit. I didn't fire Bill because of race, sex, sexual orientation or anything else you can sue over. You don't have to agree with my decision, but I had the legal right to make them.
in the u.s., one has the rite to sue for practically any reason (even if the coffee is too hot); although, you mite not win ...
Quote:
Originally Posted by IamReady2Move
Can the Lawyer use this as proof of discrimination? If the Lawyer can point out Bill is a different race from Joe, can he say it's just unreasonable for believe it was really a matter of shirt color?
unless the lawyer is a mind-reader there is no proof. just reasonable suspicion that the manager is committing fraud.
Quote:
Originally Posted by IamReady2Move
Or is the manager secure in saying he had the right to make those decisions, no matter how arbitrary they seem?
if the manager doesnt mind the cost and hassle of having to defend his suspicious choices in court with the possibility of a judge or jury finding them at fault and losing their business license and having to pay fines and restitution.
in either case, bill will be qualified to apply for unemployment benefits which will increase the managers u.i. insurance premiums.
Oh okay. So in the US, if your boss wanted you to work a full week, and I mean 168 hours a week, than you wouldn't be able to refuse it then?
au pairs, nanny, home health aids, butler, ...
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. But doesn't the US have some sort of law that says a boss cannot make employees work a certain number of hours a week, or isn't there a legal limit in which the employee is allowed to refuse if they want to?
