Can My Employer Force Me to Work Overtime?

Your work may be physically and/or mentally demanding. This is why you may not be entirely eager to put in any extra hours beyond your standard 40-hour workweek. However, you may be unsure whether your employer is simply requesting or explicitly demanding that you pick up these overtime hours. That is, passing on overtime may do more than make you look unmotivated in the eyes of your employer; it may jeopardize your job security. Without further ado, follow along to find out whether your employer can force you to work overtime and how one of the proficient California wage & hour lawyers at Stansbury Brown Law, PC can help you understand the repercussions of refusing it.

Can my employer require me to work overtime?

According to California and federal overtime laws, an employer can decide when an employee should work and for how long. Of note, this extends to an employer’s ability to dictate whether an employee should work overtime in a 40-hour workweek. However, these laws may only apply if an employer complies with certain conditions.

For one, an employer may only force a non-exempt employee to work overtime and rarely ever an exempt employee. Essentially, a nonexempt employee does not meet the requirements to be exempt from the Federal Fair Labor Standards Act’s overtime and minimum wage provisions. Common examples are retail workers, food service workers, and construction workers, among other job types in varying industries.

Secondly, an employer may only force an employee to work overtime if they fairly compensate them for their time. Specifically, an employer must pay an employee one and a half times their regular rate of pay for any hours worked over eight in a workday or 40 in a workweek. Or, two times their regular rate of pay for any hours worked over 12 in a workday or eight on the seventh consecutive day in a workweek.

Can I be fired if I refuse to work overtime?

You must understand that if you refuse to work the overtime hours your employer has put on your schedule, they may exercise their right to terminate you from your job post. This is because your expectation to work overtime may be a condition of employment set out in your already-signed employment contract. However, there may be notable exceptions to this condition.

For one, you may have the privilege of denying these overtime hours if it means having to work on the seventh consecutive day of a workweek. Ultimately, your employer cannot punish you for not wanting to give up your one day off. Secondly, you may not have to work extra hours if an emergency situation or personal accident arises, which may require your immediate attention.

In conclusion, if you still need a nudge in the right direction, you should feel comfortable turning to one of the talented Los Angeles employment lawyers. With that being said, do not hesitate to contact Stansbury Brown Law, PC.