You can require overtime, but keep these things in mind

Q         Can nonexempt employees be forced to work overtime, and what is the legal recourse if they refuse to do the extra required work?

A   Yes, nonexempt employees can be required to work overtime hours and be disciplined or terminated for refusing to work the additional hours. Mandatory overtime is permissible for nonexempt employees under the Fair Labor Standards Act (FLSA) and West Virginia law.

You can require employees to work as many hours as deemed necessary, so long as they receive the required overtime compensation. For nonexempt employees subject to the FLSA, overtime pay of at least time-and-a-half is required for any hours worked in excess of 40 hours in one week.

Be aware of additional state laws that may limit the number of hours employees in certain industries can work. In West Virginia, for example, nurses may not work more than 16 consecutive hours. Additionally, the FLSA’s overtime provisions apply to workers over the age of 16. Thus, you should ensure your overtime policies don’t violate child labor laws for 14- and 15-year-old workers.

Discipline, termination steps

Before disciplining or terminating employees for refusing overtime work, you should ensure: