Can my employer arrange the time that I worked so as not to pay overtime?

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Can my employer arrange the time that I worked so as not to pay overtime?

I worked 40 hours in a week but one of those days I had to work 10 hours. Can my employer then ask me to leave early another day of the week to avoid OT?

Asked on November 11, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Employers can set the hours, shifts, etc. of employment--both generally, and for  each day. Unless you have a contract guarantying you certain hours or shifts, your boss can certainly send you home early from work to avoid paying you overtime; this is perfectly legal and acceptable. Overtime law (e.g. the Fair Labor Standards Act, or FLSA) says that *if* you work more than 40 hours in a week, you must be paid ovetime--but it does not guaranty you the right to work more than 40 hours.


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