Forced overtime

[Steelworker2285]

Jurisdiction

Massachusetts

I understand a company can mandate overtime. However the issue is that they abuse us and force us to work 6 days a week, while the other departments are only working 40 hours. We have individuals laid off and willing to work however the company forces us to work excess hour to bill "man hours" to get corporate funding. The union contract allows them to mandate as needed but often unnecessary as they can easily avoid certain foreseen incidents in scheduling. Employees in one department are "abused" per the other areas. These employees are mandated every single week a 6th day often for no reason when there are employees willing to work to help out that are out of that department. Also often employees are sent home early versus forcing employees to help in other areas to reduce work. Employees are physically and mentally worn. Beat to the bone and the company hoes harder on reprimand or insubordination claims when we deter their overtime. I myself feel depressed and mentally fatigued to the point my family is at the risk of leaving. Is there a way to "fight back" so to speak

 

[Zigner]

I understand a company can mandate overtime. However the issue is that they abuse us and force us to work 6 days a week, while the other departments are only working 40 hours. We have individuals laid off and willing to work however the company forces us to work excess hour to bill "man hours" to get corporate funding. The union contract allows them to mandate as needed but often unnecessary as they can easily avoid certain foreseen incidents in scheduling. Employees in one department are "abused" per the other areas. These employees are mandated every single week a 6th day often for no reason when there are employees willing to work to help out that are out of that department. Also often employees are sent home early versus forcing employees to help in other areas to reduce work. Employees are physically and mentally worn. Beat to the bone and the company hoes harder on reprimand or insubordination claims when we deter their overtime. I myself feel depressed and mentally fatigued to the point my family is at the risk of leaving. Is there a way to "fight back" so to speak

You can find another job...

 

[Steelworker2285]

You can find another job...

This is possible yet inconvenient. Should we not pursue or attempt to address the company treating us fair and humane?

 

[Zigner]

This is possible yet inconvenient. Should we not pursue or attempt to address the company treating us fair and humane?

Fair is subjective. I doubt you are actually being treated inhumanely...

Make a complaint to the union.

 

[justblue]

I understand a company can mandate overtime. However the issue is that they abuse us and force us to work 6 days a week, while the other departments are only working 40 hours. We have individuals laid off and willing to work however the company forces us to work excess hour to bill "man hours" to get corporate funding. The union contract allows them to mandate as needed but often unnecessary as they can easily avoid certain foreseen incidents in scheduling. Employees in one department are "abused" per the other areas. These employees are mandated every single week a 6th day often for no reason when there are employees willing to work to help out that are out of that department. Also often employees are sent home early versus forcing employees to help in other areas to reduce work. Employees are physically and mentally worn. Beat to the bone and the company hoes harder on reprimand or insubordination claims when we deter their overtime. I myself feel depressed and mentally fatigued to the point my family is at the risk of leaving. Is there a way to "fight back" so to speak

Nothing you posted would be legally considered abuse. You are not being "forced" to work overtime. As Zigner stated, you could always find another job.

I will tag @cbg , who is a HR expert in Massachusetts.

 

[Steelworker2285]

Nothing you posted would be legally considered abuse. You are not being "forced" to work overtime. As Zigner stated, you could always find another job.

I will tag @cbg , who is a HR expert in Massachusetts.

I agree we are not forced "" right. We are told this daily. "We have the right to quit!" That is their reaction when we plead to let off. As far as the inhumane treatment. That may be far fetched but they force us to stay within our individual work areas and time our bathroom breaks and limit our fatigue breaks. Also recently installed 100+ cameras to watch us from the offices/homes to keep tract of us and use to their advantage when reprimanding individuals. Being degraded as the entry level department were supposed to accept it they said. They came up with their own t&a policy where 7 callouts(occurrence) in one calendar year equal grounds for termination. One minute late allows them to give you an occurrence. They mandate employees to take all their personal time during the company's decided shutdown. They also are deeming themselves essential to claim hazard pay for the salary personnel

 

[Steelworker2285]

Again this is one of many departments. And plants under the same contract. One department is being treated unfair in comparison to the others. Just asking wether there is grounds to a legal action

 

[Zigner]

Again this is one of many departments. And plants under the same contract. One department is being treated unfair in comparison to the others. Just asking wether there is grounds to a legal action

The point that we are making is that, on its face, there doesn't seem to be anything illegal going on (unfair is not the same as illegal). Likely your best recourse is a complaint to the union. That's why they're there, right?

 

[Steelworker2285]

Yes. On the face. That is why they are there. For years they have bartered with the company and only file 10% of grievances. Only 3 made it to arbitration this year. The rest is swept under the rug.. you wash my back ill wash yours type of union. They only fight for their own or for members with 20+ years seniority. Note, none of the affected employees are reps or union officials. These union officials are allowed special privileges by the company to help them side with them for example , freedom of cell phone use, sleeping on the job, unlimited breaks, foul language, lack of production (U.B.) allotted time off for U.B. Golf, trips etc..

 

[army judge]

Should we not pursue or attempt to address the company treating us fair and humane?

This MA state website might be helpful:

Massachusetts law about overtime

More information:

https://www.avvo.com/legal-answers/is-there-a-limit-to-how-much-mandatory-overtime-an-730453.html

Overtime - MassLegalHelp

Massachusetts Labor Laws - Wage, Hour - EmploymentLawHandbook.com

Can You Get Fired for Refusing to Work Overtime? | LegalMatch

Do you belong to a labor union?

If you do, bring it up with your union representative.

If you don't, you might wish to consider asking a couple unions to meet with you and see if your workplace can unionize.

 

[retic]

Go find a new job. I'm in the process of doing that myself, and I'm not getting treated nearly as badly as you are.

 

[cbg]

MA HR professional here.

Does it make sense to have you working mandatory overtime instead of bringing back laid off workers? Maybe, maybe not.
Do I think they are handling it the best possible way? I'd want more information on the reasons they are operating under but at least as of what we have now, I'm not convinced that this is the best possible option.
Is anything that you have described a violation of any MA or Federal law? No. Not even close.
Do you have any recourse outside of the union? No. Not even close.
I am not unsympathetic but you have not described anything that meets the legal definition of abuse or which would allow you to "fight back" without the risk of losing your job, unless it is through your union.

 

[zddoodah]

they abuse us and force us to work 6 days a week

No one can legally "force" you to work. If you don't want to work the hours your employer is requiring of you, you are free to quit or refuse to show up and see if your employer will actually fire you.

the other departments are only working 40 hours.

Since you didn't tell us what you do, we have no way of knowing whether the labor needs of "other departments" have any relevance to you. That said, have you considered asking if you can transfer to one of those "other departments"?

The rest of your post doesn't really add anything meaningful, and you didn't ask a question, so I'll just quote something to emphasize your acknowledgment of this:

I understand a company can mandate overtime.

Yup. And as long as it is paying any required wages based on overtime work, there's nothing illegal happening. That said, since you're apparently a member of a labor union, take advantage of that. Talk with your union rep. It's one of the primary purposes of having a union.

 

[Zigner]

Yes. On the face. That is why they are there. For years they have bartered with the company and only file 10% of grievances. Only 3 made it to arbitration this year. The rest is swept under the rug.. you wash my back ill wash yours type of union. They only fight for their own or for members with 20+ years seniority. Note, none of the affected employees are reps or union officials. These union officials are allowed special privileges by the company to help them side with them for example , freedom of cell phone use, sleeping on the job, unlimited breaks, foul language, lack of production (U.B.) allotted time off for U.B. Golf, trips etc..

If only non-union members are affected, then there is absolutely no reason at all to bring up the union. The union is irrelevant. The fact that they only fight for "their own" is, fundamentally, how a union operates.