Heidi Shierholz, president of the Economic Policy Institute, a left-leaning think tank, and former chief economist at the Department of Labor, noted that even when workers are getting time and a half, their base pay is so low, it can be worth it for their employers to force them into working extra instead of bringing on others to staff up. “Time and a half was really supposed to make it so employers had skin in the game and wouldn’t have absurdly regular very long hours for workers, but the fact that for so many workers pay is so low … if you’re an employer, you can game it out,” she said. If you’re paying someone $8 an hour, $12 an hour for some extra hours a week doesn’t hurt as much as, say, $15 that would suddenly become $22.50.
Still, many workers are stuck in situations they’d rather not be in; if they want to keep their jobs, they don’t have the option of not working extra hours when their boss says they have to. “We have employment law that is so profoundly anti-worker,” Shierholz said.
Shierholz said unions are a good place to start in addressing workplace flexibility, including forced overtime, but she emphasized that even unionized employees have to deal with the issue — as is the case with Hall and so many workers like him. Unions are able to fight for parameters, but there are no guarantees they’ll get them. “It’s not like unionized workers never have to work forced overtime, but they will have some control over those kinds of employment conditions,” she said.