Can my employer require me to work past my scheduled shift?
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Can my employer require me to work past my scheduled shift?
I work in a retail store and my employer wants me to work past my scheduled shift whenever he decides. I don’t mind staying most of the time but there are times that it is not possible for me to stay, then I get in trouble for not staying. Is this legal?
Asked on December 28, 2011 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, your employer may make you work late whenever he or she wants. If you are an hourly employee, he would have to pay you for the extra time, and also pay you overtime when you work more than 40 hours in a week; if you are salaried, however, you can be made to work extra without any additional pay. In either event, employers are free to set the hours, shifts, and schedules, and to require additional work, at will, subject only to their obligations to pay for the extra time spent working, when appropriate. If you do not stay, the employer would be free to suspend, terminate, or otherwise take action against you.
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