I WAS JUST WONDERING IF YOUR EMPLOYER CAN MAKE YOU WORK OVER TIME? MY AVERAGE WEEK IS ABOUT 50-60 HOURS.IM GETTING TIRED OF WORKING SO MANY HOURS AND NOW THE ARE THREATING, IF WE DONT WORK THE OVER TIME THEY WILL FIND SOME ONE THAT WILL. CAN THEY DO THAT? I WAS ALSO WONDERING IS THERE ANY BASE RATE FOR BEING ON NIGHT CALL?

THANK YOU

-- ROBERT HIRSCH (RKH2521@PEOPLEPC.COM), March 12, 2004

Answers

You have not made clear whether yours' is a Union job. If it is a Union job, you must have a contract. If you have a contract, then it must mention about overtime. You have mentioned that you work about 50 - 60 hours. But, is that per week or per month? If that is per week, then I believe you are already working overtime above 40 hours. Your employer cannot force you to work beyond that. In my belief, overtime is something the employee must be willing to do. The employer cannot force overtime on an employee. Period. He can only approach the employee and request him, but cannot force or threaten.

Regarding your second part of the question, I believe 100% that there is night differential if an employee works in the night. If there is none, why someone working night would not like to work during the day time. The employer has to pay for the night differential if he wants you to work in the night. That is a kind of incentive. And it makes a difference.

Madhu Sharma

(These are my views only and do not pertain to any existing laws or rules)

-- Madhu Sharma (madhushar@aol.com), March 22, 2004.