Highlights
- Mandatory overtime is generally legal in the U.S. but requires compliance with federal and state laws.
- Implementing mandatory overtime involves risks, including employee burnout, legal challenges, and potential discrimination claims.
- EmPower HR provides HR compliance support for businesses to ensure they adhere to all applicable labor laws, including those related to mandatory overtime. Learn more about our services.
Demanding work comes in waves. Maybe it’s peak business season. You could be overloaded and working to wrap up sales for the quarter, or maybe you’re short-staffed. Whatever the reason, you need your employees to work extra hours. This might lead you to consider mandatory overtime.
As an employer, you know that your employees may not be stoked about working beyond their regularly scheduled hours. And you might have many questions: Can a company make overtime mandatory? Is mandatory overtime legal? How much notice is required?
In this article, we’ve laid out the rules, potential risks, and best practices to implementing mandatory overtime.
Let’s dive in!

What Is Mandatory Overtime?
Mandatory overtime consists of requiring employees to work beyond the normal 40-hour work week. This business practice can be implemented to address unexpected surges in workload, critical deadlines, or staffing shortages. It differs from voluntary overtime, where employees choose to work extra hours, often for financial incentives.
Can a Company Make Overtime Mandatory?
Yes, under certain conditions companies can make overtime mandatory.
Employers are in charge of creating and modifying schedules, including overtime. However, there are important legal considerations that companies need to keep in mind when implementing mandatory overtime.
In the U.S., the Fair Labor Standards Act (FLSA) generally allows mandatory overtime, but with overtime pay requirements:
- Non-exempt employees: Must be paid overtime pay for hours exceeding 40 in a workweek, even if salaried. To calculate their overtime rate, they must receive 1.5 times their regular rate multiplied by the number of overtime hours worked – known as the “time and a half” rule.
- Exempt employees: Employees under this classification (e.g., executives, some professionals) aren’t entitled to overtime pay. This means that they will receive the same paycheck whether they work 40 hours a week or more. However, their job responsibilities must meet specific criteria outlined by the FLSA.
Is Mandatory Overtime Legal in the U.S.?
Yes, mandatory overtime is legal in most cases, as long as employers comply with federal and state requirements:
- FLSA: The FLSA establishes a 40-hour work week but doesn’t cap the maximum working hours. As mentioned earlier, they do require overtime pay (typically 1.5 times the regular rate) for non-exempt employees.
- State overtime laws: Overtime laws in each state might have additional regulations, such as stricter overtime rules or protections for specific professions.
- Employment contract: Exempt employees may be protected from overtime work through their employment contract or collective bargaining. These employee agreements may contain limitations on mandatory overtime or requirements for advance notice. Before scheduling exempt employees, be sure to double-check their contracts to avoid any conflicts.
Risks of Mandatory Overtime
When you force your employees to work overtime, be prepared for employees to request exceptions. These are some common risks of implementing mandatory overtime in the workplace that you should keep in mind:
Religious discrimination
The Civil Rights Act prohibits employment discrimination based on religion. This includes the obligation to provide religious accommodations to employees’ religious beliefs, practices, and observances, which may include refusing to work on certain days or during specific hours. An example of this might be not working on the employee’s Sabbath.
Failing to accommodate religious beliefs can lead to legal claims, costly litigation, and reputational damage.
Disability discrimination
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities. This includes modified schedules, flexible work arrangements, or assistive technologies to minimize the impact of mandatory overtime.
FMLA non-compliance
Depending on the circumstances, employees could also be excused from the extra work hours through a leave law. A great example of this would be employees on leave related to the federal Family and Medical Leave Act (FMLA), which applies to employers that have 50 or more employees.
Health and safety risks
Consistently overloading your employees with extra hours can lead to burnout, impacting negatively on employee’s health, well-being, and job performance. It can also increase employee turnover, making it difficult to retain valuable talent.
When exposed to long work hours, employees might be fatigued and stressed, leading to mistakes and increasing the risk of workplace accidents and injuries. This becomes especially relevant in high-risk industries, such as transportation, construction, and healthcare.
Best Practices to Implement Mandatory Overtime
Before you go ahead and pencil in all of your employees to work 60 hours next week, there are some things you should know. Remember, work-life balance is crucial to your employees! Mess with that balance, and you could be left with a significantly smaller workforce.
If you truly need to have your employees work mandatory overtime, you’ll want to follow best practices. Here are some things to consider:
- Give plenty of warning. Although it’s not legally required, you should give your employees a heads-up if you’re going to need them to stay late. This way they can arrange their plans and prep their family at home if needed.
- Address scheduling conflicts. Some employees may have commitments they can’t change that would make them unable to work the extra hours. If you plan to make the extra work a requirement for certain positions, you may experience unwelcome turnover.
- Prioritize employee well-being. Working overtime and excessive hours can lead employees to burnout. If you need them to work overtime, consider giving them compensatory time off or other schedule adjustments to make up for it.
- Comply with legal requirements. Be thoroughly familiar with and comply with all applicable federal, state, and local labor laws regarding overtime pay, meal breaks, and other relevant regulations. For example, some states have a limit to how many hours can be worked in a day. Also, make sure to review and adhere to any relevant provisions in employment contracts or collective bargaining agreements regarding overtime work.
- Maintain open communication. Be transparent with your employees regarding the need for overtime and the reasons behind it. Actively listen to employee concerns and address any issues or grievances related to mandatory overtime.

Ensure Mandatory Overtime Compliance with EmPower HR
Implementing mandatory overtime requires careful consideration. Not only must you comply with federal, state, and local labor laws, but you also need to ensure employee well-being and minimize risks such as employee burnout, legal challenges, and potential discrimination claims.
With an HR expert by your side, you can navigate the regulations of overtime work and successfully handle the demands placed on your business. At EmPower HR, we provide HR compliance services to keep your workforce safe and happy, while ensuring your business stays compliant with all applicable regulations.
Contact us today for a free consultation and learn how we can help you ensure your mandatory overtime practices are compliant, ethical, and sustainable.