Refusing Overtime

HRCathy

We have a short statement in our handbook that states overtime is required when requested by the company. I have employees right now that are working 10 hours a day. For this week, we need them to work one more hour. Some of the employees are refusing. I am not sure how to handle someone who isn't actually refusing overtime, but is refusing MORE overtime. How do you handle that? For that matter, how do you handle someone who just plain refuses? There is nothing in our current handbook that states the consequences for refusing overtime. It is, however, part of the annual review. Can anyone give me a sound policy for this type of thing? Thanks!

LarryC

From your post, it appears that you already have the policy and it is a legitimate one. Employers have the right to require overtime within reason. For occasional overtime, a half shift notice is usually considered fair. For extended periods of overtime, 24 hours is usually considered fair.

If you are reasonable with your OT requests, fair and consistent with who is asked, and you have progressive discipline documented, any employee objecting to it does not have a leg to stand on.

UI departments have been known to deny UI to employees who refused overtime and were terminated because of it.

E Wart

First I would review whether OT is even needed to begin with. Are your employees just working a 10 hour day schedule or is this 10 hours a temporary situation? How long have they been working the 10 hours? What were they told when hired? (Were they told that overtime would be needed but would be from time to time, but since they have been hired they have been working 5-10 hours of OT a week?) If it is "regular" should you just hire another employee or get a temp to help for a periodic increase in business? Look at your alternatives.
Once this is done, then talk with the employees and explain the situation (Suzie is out on leave for 6-8 weeks and we need you to help us cover her work during her absence; or we have just sold a Million dollar project and we need some overtime worked for the next 6 weeks to get it going or whatever. Let them know the situation. Let them know that overtime can be an employee's choice at times but it can also be mandatory. If this is a mandatory situation, make sure that it is being handled equitably and assign the times. If someone refuses, you might need to ask why. Then explain that this is a reasonable business request and that they could be disciplined for insubordation (up to and including termination) if they refuse it.
You may find that they can't work next weekend because they are getting married. Or the can't work past 7:00 PM because their wife works the night shift (and earns 3 times what they do) and they have to go home to look after their 8 children. If this is the case, they may need a few days to arrange child care for 6 weeks.
I would find out more about the need of the overtime, about why they refused and tell them the consequences (with a witness)if they refuse. I think you will be able to work it out. If not, take action.
E Wart

HRCathy

Thank you both for your input. Our employees love to get overtime, and complain when there is none. Then they complain when there is more. It is an interesting situation. I have a couple temps coming in tomorrow to help get this department caught up. When the overtime is done, I will have them back in my office complaining. One person claims that she would work more OT if she were paid more. I'm sure you can imagine how well that went. We have a great progressive discipline policy, and I will use it as needed. Thanks!

LarryC

HRCathy, you might remind that employee who says she will work OT if she gets more money that she DOES get more money for working OT. Duh!

Yeah, tell her "Duh!" too if you want.