Can an Employer Force You To Work Overtime?

Those working excessive hours may wonder whether their employer can legally force them to work overtime. The answer is complicated because it depends on the specifications of a given position and employment contract. Those who suspect a violation of their employee rights should contact an experienced employment attorney in Glendale, CA, to learn more about their legal options and pursue compensation where appropriate.

Discover California’s workplace regulations to answer the question: “Can you be forced to work overtime?”

What Is Mandatory Overtime?

If an employer requires you to work over 40 hours a week or 8 hours a day, it is considered mandatory overtime. A manager may not ask for employees’ approval or preferences when designating overtime. They may even threaten to terminate employees who fail to comply with the overtime requirements.

Is It Legal To Require Overtime in California?

Generally, it is legal for employers to require contracted employees to work overtime hours. California’s Fair Labor Standards Act (FLSA) grants employers the general right to require overtime. The act sets 40 hours (with eight-hour days) as the standard minimum full-time work week and does not limit the number of consecutive hours one can work in a week or workday.

However, there are certain stipulations that employers must follow to remain compliant with the law.

Exempt vs. Nonexempt Employees

It is important for employees to understand that the FLSA does not protect exempt employees or independent contractors and that overtime pay rates do not apply to these positions. For non-exempt employees, overtime pay must be one and a half times the hourly wage for any time over 40 hours or 8 hours a day.

Specific examples of common exempt positions include:

• Executive positions: Those in high-level managerial or specialized administration positions who earn a monthly salary of at least twice the minimum wage are typically exempt.
• Computer software: Employees who design, modify, test, or analyze computer systems are typically exempt if they meet certain skill, education, and salary requirements.
• Traveling sales: Any salesperson who spends over half of their worked hours away from their place of business to sell products or obtain orders and contracts is typically exempt.
• Union coverage: Some employees are covered by a collective bargaining agreement and a contract that regulates their hours and wages. However, the agreement must provide premium overtime rates, and their regular rates must be at least 30% higher than California’s minimum wage.

Safety Risk Prevention

Mandatory overtime cannot create a safety risk in jobs where fatigue can lead to accidents and serious injuries. OSHA cautions against extended overtime hours, given the detrimental impact on employee health and well-being, highlighting that overly tired employees are more prone to mistakes or injuries on the job. They also recommend providing additional rest and meal breaks to employees who are required to work overtime.

The Day of Rest Rule

In California, workers must have one day off every seven days under section 551 of the Labor Code. Non-exempt employees may not be forced to work more than six days in a row, except in emergency situations. However, an employee can volunteer to forego this day off, and they will earn one and a half times their typical rate for the first eight hours and double their typical rate for any further overtime.

Healthcare Worker Regulations

Under section 511.5 of the Labor Code, healthcare workers employed by a hospital or similar facility can work as many as 12 hours a day without receiving overtime pay as long as the week’s total hours worked are under 40. However, their employers may not require them to work over 12 hours in a given day, barring an emergency or unforeseen events.

Any work beyond a 12-hour shift or a 40-hour week entitles healthcare workers to double-time pay. These are some of the strictest provisions in any state’s labor laws.

Healthcare employees included in these laws are:

• Registered nurses and licensed vocational nurses
• Certified nurse assistants
• Respiratory care practitioners
• Others who provide direct patient care

Alternative Workweek Schedule Rule

Employers can propose alternative workweek schedules for non-exempt employees that allow them to work up to 10-hour days (not to exceed a 40-hour week) without overtime pay. For instance, the “four tens” schedule, wherein an employee works four 10-hour days and has a three-day weekend. Employees must first agree to this during a secret ballot vote, and the schedule must be consistent and recurring.

Employers must disclose the impacts such a schedule will have on employees’ salaries, benefits, and hours before the vote. Employees are still entitled to overtime pay if their schedules exceed 40 hours on an alternative pattern, and they will receive one and a half times their regular rate for the first two hours of overtime and double their rate for any additional hours.

What To Do If Your Workplace Violates Labor Laws

California’s strict workplace regulations aim to prevent unfair workplace practices, but employers sometimes violate the law by mandating excessive overtime or failing to provide adequate compensation for overtime.

Those concerned about a potential violation of their employee rights may benefit from consulting a legal professional experienced in workplace law. These attorneys can assess details such as your employment contract and income details to determine whether a violation has occurred.

Consult D.Law

If you are concerned about your work hours, it may be helpful to consult D.Law to ascertain whether your employment complies with state laws. An attorney can help you better understand California’s overtime laws and your legal rights and may assist you in pursuing legal action against an employer where necessary. In some cases, employees may be entitled to compensation for unpaid overtime if the conditions violate state or federal law.

Call 818-275-5799 to learn more about overtime rules and your rights as an employee.