Can i schedule hourly employees for mandatory overtime california

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Can an employer require mandatory overtime in California?

Yes, employers in California may compel their employees to work overtime. In most cases, employers can also discipline, demote, or fire employees who refuse to work the extra hours. No notice is required before an employer may change an employee’s schedule or require overtime.

Is mandatory overtime legal?

If your contract says you have compulsory overtime but it’s ‘non-guaranteed’, your employer doesn’t have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don’t do the overtime you’ve agreed to.

Can salaried employees be forced to work overtime in California?

Non-exempt salaried employees are eligible for overtime. Exempt salaried employees may not be eligible for overtime; however, California employers have to pay salaried exempt employees at twice the minimum hourly wage based on a 40-hour workweek.

Can an employee be fired for refusing to work overtime?

The contract of employment may contain an agreement to work overtime if the need arises. If an employee refuses to work agreed overtime, it amounts to a breach of contract and disciplinary action can be taken against the employee (as a refusal to work agreed overtime amounts to misconduct.

Can you be forced to do overtime?

There are limits to working overtime

Your contract of employment should include the conditions for working overtime. You only have to work overtime if your contract says so. Even if it does you can’t usually be forced to work more than an average of 48 hours per week.

Can I say no to overtime?

“Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.

Can I be forced to work more than my contracted hours?

These are set out in the employment contract. You must work your contracted hours, or you will be in breach of contract and potentially at risk of disciplinary proceedings. You only need to work more than your contracted hours if your contract says so, and this is referred to as overtime.

Can my employer change my hours without asking?

If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then your employer may be able to make the change without your agreement. Although you may still have rights to protest the change.

What if a salaried employee works more than 40 hours in California?

The Department of Labor requires employers to pay overtime to non-exempt salaried employees at least 1.5 times their regular hourly rate for all hours worked over the 40 hours during a workweek.

How many hours can a salaried employee be forced to work in California?

Salaried employees cannot have their pay deducted by their employer if they work less than 40 hours per week or the employee may be seen as nonexempt and entitled to overtime compensation when working more than 40 hours a week.

What is the new overtime law in California?

All the non-exempt employees who are qualified for overtime are paid 1.5 times the regular rate for all hours worked in excess of 8 hours in a workday, in excess of 40 hours in a workweek, or for the first eight hours worked on the 7th consecutive day worked in any workweek.