Can an employer require an employee to work overtime?
Yes, in Massachusetts an employer can require an employee to work overtime. The Fair Labor Standards Act (FLSA) sets the guidelines for overtime pay, which is any hours worked over 40 per work week. This includes any hours worked over 8 hours per day, or any hours worked on the seventh consecutive day of a work week. Employers are required to pay overtime at one and one-half times the employee’s regular rate of pay for each hour worked over 40. If the employee works on a holiday, that time must be counted as part of their total hours worked, and any time over 40 must be paid at the time and a half rate. Employers must also ensure that overtime is distributed fairly among employees, and that each employee is paid for all the hours they work. Even if the employee has agreed to work the extra hours without pay, the employer must still pay them for those hours. Finally, employers must also provide overtime pay for any work done during a meal or rest period. This ensures that employees receive pay for all their hours worked, as well as for any non-work related activities they are engaged in while on the premises.
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