If I’m scheduled to leave at a specific time, canI be made to work after that time or be held responsible ifI refuse?

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If I’m scheduled to leave at a specific time, canI be made to work after that time or be held responsible ifI refuse?

Asked on January 15, 2012 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have an actual contract (including a union or collective bargaining agreement) setting your hours, that contract is enforceable--you would not have to work past those hours unless and only to the extent the contract allowed it.

However, without a contract specifying hours, an employer may ask you to work past your normally scheduled hours and may take action against you--up to and including termination--if you do not. Note that if you are an hourly employee, they must pay you for the extra work; and if nonexempt (and all hourly staff are nonexempt), you must get overtime for any hours worked past 40 in a workweek.


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