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Forcing employees to work overtime has practical implications

February 2022 employment law letter
Authors: 
Martin J. Regimbal, The Kullman Firm

Q         Can employees be forced to work overtime? What is the legal recourse if they refuse to work overtime that is required?

A   In Mississippi, other than limitations on the hours of work for minors, there’s no prohibition against requiring employees to work overtime, and you could choose to terminate an employee who refuses to work overtime.

You will want to consider, however, the practical implications of doing so. Who will cover the terminated employee’s overtime hours if the remaining employees are also already working overtime? Would hiring an additional employee lower labor costs by avoiding the need for overtime?

Martin J. Regimbal, a shareholder with The Kullman Firm in Columbus, Mississippi, can be reached at 662-244-8825 or mjr@kullmanlaw.com.

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