Ask HN: Furlough + Overtime, is this legal?

https://news.ycombinator.com/item?id=2207908

by anon021111 • 15 years ago

5 3 15 years ago

news.ycombinator.com

My company has put us on two furlough weeks over the previous 6 months. Now I've heard we're going to have another one this quarter. The catch this time is that we've been asked to work 7 days a week this month to finish a release. It feels crazy to me that I'd have to work -significant- overtime one month and then be furloughed the next. Is this legal?

(Rant: Obviously this is a retarded business practice. Who wants employees that are only profitable 48 out of 52 weeks of the year?)

acrum• 15 years ago

Well, you've "been asked" to do it.. employment is always "at will" ;).

Assuming you are an exempt worker (non-hourly), they obviously don't have to pay you for overtime, but you do have to be off a "full week" for a furlough week to count. If you do any work during the furlough week you will have to be paid, as far as I know.

You might want to check your employment contract or employee handbook and see if there are clauses about what they expect from a "typical workweek" or anything like that. Otherwise I don't think it is necessarily illegal. You can always call your state or federal Department of Labor and ask, or take it up with your company's HR department. Though if I were you I would fervently seek other opportunities ;).

gojomo• 15 years ago

For a question like this, you should say roughly where you are. Employment laws vary greatly by country and state.

Also, even when you have a technical violation of law, unless you are relatively powerless without other options, you may be best served by exercising your right to find other employment.

From what I know of jurisdictions where I've worked (US, California and Texas), I can't think of a specific law the practice you describe would violate, as long as each of the furlough period, and the overtime sessions, are individually done legally. (Having them in rapid succession doesn't seem a relevant factor.) However, IANAL.

brudgers• 15 years ago

It happens all the time in manufacturing. Run double shifts to meet a customer's deadline, then lay 60% of the staff off. Same with construction. Not necessarily the best way to build a stable workforce, but in as far as IANAL, completely legal in the US unless it violates an employment contract or industry specific Federal regulations.

On the other hand, forcing people to take time off after an extended push probably has some benefits on productivity. A month of 7 day work weeks will turn rank and file production staff into zombies.

Ask HN: Furlough + Overtime, is this legal?

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