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Work

Discussion in 'Wage and Hour, Overtime' started by Willie, Jul 13, 2020.

  1. Willie

    Willie Law Topic Starter New Member

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    Jurisdiction:
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    If you riding a forklift what is the max that you can stay on the lift

    If you work more then 10 hours can they make you stay longer
     
  2. mightymoose

    mightymoose Moderator

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    This is likely a policy to be determined by the employer. I am unaware of any law limiting the time allowed.

    No, they can not MAKE you stay extra hours any more than they can make you show up to work. You do so voluntarily and should be paid appropriately for the hours worked.
    Some employers expect you to be occasionally available for overtime. If you have other obligations that prohibit overtime you need to discuss that with your employer.
     
    Last edited: Jul 13, 2020
  3. army judge

    army judge Super Moderator

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    I suggest you ask your supervisor or your human resources/benefits/payroll representative.

    If you belong to the union, ask your shop steward.
     
  4. flyingron

    flyingron Well-Known Member

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    I agree with the two previous posters. There's no OSHA or FL limits on duty times for PIT operators that I know of. Obviously, they're required to pay you overtime over ten hours in a day (and 40 in a week). They can't "make" you do anything, but they're free to fire you if you don't comply with their requests.

    As Army aludes to above, if you're covered by a union contract, that may place additional restrictions and give you additional options.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    And, as usual, if one does not like the terms of employment one may seek employment elsewhere.
     
  6. cbg

    cbg Super Moderator

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    Mandatory overtime is legal in all 50 states. Florida does not place a limit on how many hours an employee can be scheduled to work. If there is an industry-specific limit for forklift operators I am not aware of it.

    If you are required to work MORE THAN 10 hours in a single day, then anything OVER ten hours is overtime.
     
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I can't find that in FL law?
     
  8. zddoodah

    zddoodah Well-Known Member

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    I once stayed on a forklift for 27 hours. Beat that!

    Seriously...huh?

    Assuming "they" refers to your employer, your employer may require you to work whatever length of time is needed as long as you are paid appropriately. Of course, your employer cannot legally "make" (i.e., force) you to continue working if you don't want to, but your employer could legally fire you. Note that, if you are a member of a labor union that has a collective bargaining agreement with your employer, then things may be different.
     
  9. cbg

    cbg Super Moderator

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    It appears to be limited to manual laborers, something that was not in the summary I originally referred to.
     
  10. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I found this:

    448.01 Legal day’s work; extra pay.—
    (1) Ten hours of labor shall be a legal day’s work, and when any person employed to perform manual labor of any kind by the day, week, month or year renders 10 hours of labor, he or she shall be considered to have performed a legal day’s work, unless a written contract has been signed by the person so employed and the employer, requiring a less or greater number of hours of labor to be performed daily.
    (2) Unless such written contract has been made, the person employed shall be entitled to extra pay for all work performed by the requirement of his or her employer in excess of 10 hours’ labor daily.
    History.—ss. 1, 2, 3, ch. 1988, 1874; RS 2117, 2118; GS 2641, 2642; RGS 4016, 4017; CGL 5939, 5940; s. 164, ch. 97-103.​

    As I've never worked in Florida or delt much with FL labor law, I have to wonder how many employers simply have the employees sign a contract that allows for more hours before OT is owed. I also wonder if this law even requires OT as we know it.
     
  11. Zigner

    Zigner Well-Known Member

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    What is the definition (in Florida law) of "extra pay"?
     
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Exactly.

    Plus, what government agency is going to enforce the law?
     

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