Staffing issues have plagued companies large and small around the country in recent months. In order to handle their staffing issues, many companies are mandating overtime for existing employees. As a result, there has been an uptick in overtime claims.

The Lore Law Firm has helped countless individuals contend with overtime claims when their employers have crossed the legal line regarding their rights. Depending on the circumstances of your case, we may be able to help you as well.

Dangers of Overworking Existing Employees

Employers that attempt to use existing staff to fill in staffing gaps run the risk of causing burnout among their teams. The added stress of constant overtime expectations may be too great a burden for many employees. Overtime is not a solution to worker shortages, yet this is precisely the tactic that many employers take.

The danger of overworking employees contributes to the problem this added overtime is attempting to solve: burnout that leads to mass resignations. In turn, those employees left behind end up bearing an even greater share of the burden from those who exited the organization. This comes at a time when understaffing is causing workers to juggle multiple job responsibilities that make a typical workday inherently more stressful than it traditionally has been. It is a dangerous cycle that puts stress on workers across all industries. Moreover, mandating overtime and adding work for existing employees may cause employers to re-evaluate their need to hire replacement staff if the work is getting done with the same quality and timeliness.

Can an Employer Make You Work Overtime?

With few exceptions, employers are legally able to make overtime hours mandatory and can fire employees who refuse to work the hours they have been scheduled. According to the Fair Labor Standards Act (FLSA), employers can require you to work overtime in most instances, as long as they pay non-exempt workers the legally required overtime premium they are entitled to.  Under federal law, this means time and a half pay for all hours worked over 40 in a workweek.

However, some states have laws that supersede federal law where employees’ rights are concerned. These states, such as California, offer greater rights and protections for workers, and provide higher overtime premiums. This is one of the reasons it is so essential to hire a qualified overtime pay lawyer if you think that your rights are being violated in any way. The Lore Law Firm can advise you on whether the laws of your state have different requirements in place for employers that attempt to mandate overtime for staff members.

Learn More About Overtime Claims From a Qualified Overtime Pay Lawyer

Having existing staff members work overtime is not a long-term solution for staffing issues in any organization. If you have been required to work substantial amounts of overtime due to understaffing and have not received at least time and one-half your regular rate of pay for this time, you may benefit from legal advice on the matter. The Lore Law Firm is a reputable overtime pay lawyer specializing in helping clients who are being taken advantage of by unscrupulous employers who hope you won’t exercise your rights as an employee. We can help you determine if you have a valid claim for unpaid overtime based on your specific circumstances, so you can be sure that you have been appropriately paid for the extra time you’ve put in.

Reach out to us today for a free and confidential review by calling (713) 782-5291 or contacting us online to learn more.

Michael Lore is the founder of The Lore Law Firm. For over 25 years, his law practice and experience extend from representing individuals in all aspects of labor & employment law, with a concentration in class and collective actions seeking to recover unpaid back overtime wages, to matters involving executive severance negotiations, non-compete provisions and serious personal injury (work and non-work related). He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. If you have any questions about this article, you can contact Michael by using our chat functionality.