Unfair mandatory overtime

There are two shifts at my job. Can they make one shift work more mandatory overtime than the other?

1 answer  |  asked Nov 9, 2005 1:42 PM [EST]  |  applies to Illinois

Answers (1)

Anthony Cameron
Probably Yes...

Generally speaking, the conditions of employment can be established by the employer and, as long as they don't violate the Wage and Hour Standards of the Ill. and U.S. DOL's, the employer does not have to treat the shifts the same and does not even have to have a rational basis for treating them differently.

Two things to watch for here that might give you a little edge:

1. Make sure they are calculating your OT pay correctly. IDOL just promulgated new regs for calculation of OT, so make sure your employer's software has caught up to the law.

2. You do have a little squawk if your mandatory OT is spontaneous. If it is scheduled more than a day in advance,then it is just "conditions of employment."

Except in healthcare, most employers eventually figure out that mandatory OT is a bad deal for them over the long haul and eventually add people.

Good Luck and be extra safe on those extended shifts.

Anthony B. Cameron

posted by Anthony Cameron  |  Nov 13, 2005 6:33 PM [EST]

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