What is non guaranteed overtime?
Guaranteed overtime is overtime that an employer is contractually obliged to offer and, equally, an employee is obliged to accept, whereas non-guaranteed overtime is where the employer is not obliged to offer the employee any additional hours although, when offered, the employee is contractually bound to undertake this …
Can you be refused overtime?
“Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
Is it legal for a job to not pay overtime?
In summary, it is not illegal to refuse making overtime payments but this is dependent on whether or not your employees’ modern award or agreement sets out overtime rates do not apply. Otherwise, you must pay your employees overtime or penalty rates, which you must legally do so.
Can an employer pay different overtime rates?
Rates of pay are a matter for the employment contract with your employer and any relevant collective agreement, although your average basic pay must be at least the National Minimum Wage. Your contract should normally specify higher pay rates for overtime, depending on how anti-social and demanding the shifts are.
What if my employer is not paying overtime?
File a complaint with the Department of Labor’s Wage and Hour Division (WHD), or your state’s department of labor. These agencies have the authority to investigate these claims and order your employer to pay you the money you are owed. Hire an attorney and file a civil lawsuit against your employer.
On what grounds can an employee refuse to work overtime?
Overtime is not compulsory and employees can refuse to work overtime on short notice, unless the employee contractually agreed to be available to work overtime on short notice. In circumstances we overtime work on short notice is required by the employer, fairness towards the employee must be taken into consideration.