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Can your employer demand that you work overtime?

Employers in California have the authority to request that employees work beyond the standard 40 hours per week, and refusal to comply may result in termination of employment. However, they cannot impose disciplinary actions on employees who choose not to work for all seven days of the week, nor can they pressure or persuade employees to forgo a day off.

Furthermore, employers in California must compensate overtime employees according to legally set rates and adhere to the state’s mandatory days-of-rest regulations. Employees can voluntarily forgo a day off, provided they are not pressured to do so.

What is the rate of pay for overtime?

The rate of pay for employees who work overtime in California is as follows:

  • Employees must be paid at least 1.5 times their regular pay rate for the first eight hours of overtime worked in a single workday or 40 hours in a workweek. This is commonly referred to as “time and a half.”
  • Employees who work beyond twelve hours in a single workday or eight on the seventh consecutive day must be paid double their regular pay rate.

Employers have the option to compensate certain employees with overtime pay under particular conditions unless they are exempted by law. Additionally, some workers may qualify for exemptions as determined by the California Industrial Welfare Commission.

Overtime violations

Despite the laws regarding overtime, violations frequently occur in California workplaces. These typically result from insufficient compensation, misclassification of workers and unpaid overtime. Frequent infractions include:

  • Unsuitable overtime rates
  • Time rounding issues
  • Insufficient record-keeping

All of these violations complicate the calculation of overtime, which is why employers must keep accurate records of every employee and the overtime hours that they work. Employees should also keep track of their overtime and seek guidance if they are not paid according to the law.

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619-528-2530
2878 Camino Del Rio South
Suite 160
San Diego, CA 92108

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858-833-5869
445 Marine View Ave.
Suite 300
Del Mar, CA 92014

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760-587-3155
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Carlsbad, CA 92009

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