Can You Be Forced to Work Overtime? Is it Legal?

Being forced to work extra hours can strain your work-life balance, interfering with personal or family plans. “One can understand the employer’s perspective that you have to get the work done, but you also have to be sensitive to employees’ work schedules,” says Eric Kingsley, an employment law attorney in Encino, California.

When employees work overtime, federal and state laws require that they get overtime pay. But do workers have a right to refuse overtime work altogether? For most workers in the United States, the answer is no. The reason is at-will employment, which means employers can change an employee’s working conditions or even fire them at any time and for any reason. The only restriction is that employers can’t take adverse employment actions that violate federal or state law.

So, if you refuse an overtime shift, your employer can, in theory, fire you. However, there are laws and company policies that employers must follow when requiring overtime. To understand your legal rights, talk to a local wage and hour lawyer.

What Is Overtime?

The Fair Labor Standards Act (FLSA) is the federal law that sets minimum wage and hour standards. Employers must pay hourly workers the minimum wage for any work up to a full-time, 40-hour work week. Anything over this 40-hour minimum is overtime.

There are a couple of important things to know about the 40-hour workweek:

1. It’s a minimum, not a maximum. There is no legal cap on the number of hours employees can work each week.
2. Under federal law, overtime is calculated by the number of hours per week, not per workday. So, if you work 45 hours in a week, you have worked five hours overtime. But if you work 12 hours one day, that doesn’t count as overtime. However, state laws may require overtime based on the workday or workweek.

What the FLSA Does and Doesn’t Do for Overtime

The FLSA sets basic requirements for both minimum wage and overtime pay:

• Employers must pay employees either the federal minimum wage ($7.25/hour) or their state’s higher minimum wage rate if there is one.
• Employers must pay employees one and one-half times their regular rate of pay for every hour of overtime they work per week. Overtime is anything over 40 hours of work per week.

For example, if your hourly rate is typically $15 an hour and you work 45 hours in a workweek, your employer has to pay you the overtime rate of $22.50 an hour (1.5 times regular pay) for those five overtime hours.

The FLSA requires employers to pay a higher overtime rate, but does not prohibit employers from requiring you to work overtime. The FLSA does not prohibit employers from firing you if you refuse overtime work.

Does the FLSA Apply to You?

The FLSA’s rules only apply to “non-exempt employees” — employees who aren’t exempt from the FLSA’s minimum wage and overtime wage rules.

Non-exempt employees get paid an hourly wage instead of a fixed salary. If you are a non-exempt employee, you have minimum wage and overtime pay protections. However, the FLSA does not protect you from having to work overtime.

The FLSA does not apply to most independent contractors or freelancers. However, workers should understand the difference between a contractor and employee. Some employers misclassify employees as contractors to avoid overtime and minimum wage protections.

Exempt Employees

Some employees are exempt from the FLSA’s protections. For example, executive, administrative, or professional employees are exempt from both minimum wage and overtime rules if:

• They are paid on a salary basis
• As of July 1, 2025, they receive at least $684 per workweek in compensation
• They perform managerial, administrative, or professional tasks

The salary requirement means that exempt employees get paid a fixed rate regardless of the hours they work. Many salaried employees work over 40 hours per week but cannot get overtime due to their salary basis.

Health and Safety Risks

The Occupational Safety and Health Administration (OSHA) requires employers to provide a safe work environment for their employees. And even though the FLSA does not set a maximum for overtime, extremely long work hours can cause employees’ illness or injury. This is especially true with manual labor.

“For example, under federal law, the U.S. Department of Transportation limits hours of service for truck drivers because they don’t want them falling asleep at the wheel,” Kingsley says.

Employers should be mindful of the strain they put on employees by requiring long work hours. If an employee gets sick or injured in the course of work, they can file a workers’ compensation claim.

Exceptions to At-Will Employment

If employed under an employment contract, the contract may set overtime requirements or specify how many hours you must work. Your employer must follow the provisions of the contract. Union workers with a collective bargaining agreement may have additional overtime rules.

If your employer violates the contract’s terms, you may have a breach of contract claim. If the employer violates the contract’s terms and then fires you for not complying with their demands, you may also have a wrongful termination claim.

If you are unsure about contract terms, a wage and hour attorney can help you understand your rights and discuss possible strategies.

Understand Your Company’s Overtime Policies

It is always a good idea to familiarize yourself with your company’s policies and ensure your supervisors are following the rules. Look at your employer handbook or speak with a human resources representative if you have questions about company policies on overtime requirements. If you have conflicts preventing you from working overtime, you can discuss these with your supervisor or HR rep.

If you explain your situation and why you can’t work overtime, people in management may be understanding. You may not be stuck with the options of complying or face termination. You may be able to reach a compromise with your employer.

State Mandatory Overtime Laws

In addition to federal laws governing overtime compensation, some states have additional requirements. For example, California law limits the amount of overtime that some employees can work. In California, employers must pay double-time to employees who work more than 12 hours in a workday. Other states have laws on overtime in specific industries, such as healthcare, or set overtime requirements depending on how many employees a company has.

Since some state labor laws provide more protection than federal law, it is a good idea to check your state’s rules on overtime. An experienced wage and hour attorney can help you understand your state’s overtime hour laws and requirements.

When Is Firing Illegal?

It’s important to realize that even as an at-will employee, there are cases when it is illegal for your boss to fire you. The two main unlawful reasons are discrimination and retaliation.

Federal laws prohibit employment discrimination based on protected classes, including race, color, religion, gender identity, sexual orientation, pregnancy, national origin, disability, age, and genetic information. Federal law also requires employers to make reasonable accommodations for employees. For example, the Americans with Disabilities Act (ADA) protects individuals with disabilities from forced overtime but also allows them to work some overtime if they wish, depending on the circumstances.

It is also illegal for employers to fire employees in retaliation for protected activities, including:

• Reporting illegal workplace activity, such as sexual harassment
• Filing a workers’ compensation claim
• Taking covered FMLA leave
• Reporting unpaid overtime

An employer can fire at-will employees for not working required overtime because it is not a protected right. If the real reason for firing an employee is discriminatory or retaliation, it is illegal, and the employee would have a claim.

If you think your employer discriminated against you illegally, talk to an employment law attorney for guidance.

Finding the Right Attorney for Your Needs

If you think your employer has violated overtime laws or taken other illegal action against you, it’s essential to approach the right type of attorney. Visit the Super Lawyers directory to find an experienced wage and hour attorney for legal advice.