Employment Lawyers Fighting for Workers’ Rights in New Jersey, Pennsylvania & Throughout the United States

Can My Boss Force Me To Work Overtime?

Federal law allows employers to mandate their employees to work overtime. However, the employees who are required to work overtime must be paid the overtime premium for the hours that they work in excess of 40 in a week. While the federal Fair Labor Standards Actsets the regular work week as 40 hours, there is no limit on the maximum number of hours that you can be required by your employer to work in a week as long as you are paid overtime for the excess hours.

Can you be forced to work overtime?

Your employer is allowed to force you to work overtime hours and is allowed to terminate you if you won’t do so. There are no limits on how much overtime that your employer can require as long as your employer complies with the overtime requirements. Your overtime also cannot create a safety hazard to you or to others.

If you have an employment contract that contains a restriction on the amount of overtime, your employer must follow it. If the employer violates this agreement, you may have a right to sue for breach of contract.

Schedule an appointment today. Call (856) 685-7420 or

Schedule an appointment today.
Call (856) 685-7420 or

Refusing to work mandatory overtime

If you refuse to work overtime when your employer asks you to do so, your employer is allowed to discipline or terminate you. However, if the overtime creates a health or safety hazard or violates your contract, you may challenge it.

When employers force overtime but won’t pay extra

Non-exempt statutory employees must be paid overtime for all of the hours that they work above 40 hours in a week. There are certain types of jobs that are exempt from the overtime requirements under the FLSA, including the following jobs:

  • Ranch and farm workers
  • Workers on ships
  • Youth counselors who have childcare responsibilities
  • Computer professionals
  • Salaried professionals
  • Administrative professionals

If your employer has classified you as an administrative or executive employee or pays you by salary, check with an employment lawyer if you are unsure if you have been classified correctly.

When you should contact an employment lawyer

In mandatory overtime cases, employers often have the advantage. If your employer forced you to work overtime hours in violation of your employment contract or has failed to pay you overtime for the excess hours, you may have legal rights. Contact the experienced employment lawyers at Swartz Swidler to learn more.

Most Frequently Asked Question: Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page

Most Frequently Asked Question:
Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733