When you took your job, you knew there was a chance that you could work overtime hours. Initially, you were excited that it may give you a chance to earn time and a half or even double time under California law.
However, you are surprised when your employer tells you that you have to work overtime in the evening or over the coming weekend. You thought it was voluntary and you could opt in or out depending on your preference. But your employer is presenting it as if it is mandatory and you will be forced to comply. Can they actually require you to work overtime?
In most cases, overtime can be required
Generally speaking, yes, an employer does have the power to set hours for the employee. They can require that employee to work overtime, as long as they are paid at the correct rate. If the employee refuses, they may face certain discipline, such as being written up or even losing their job.
There are some exceptions, however. For instance, if an employer wants someone to work seven consecutive days during a single workweek, it then becomes voluntary. The employee can refuse and should not be disciplined. The employee can certainly choose to work those overtime hours on the seventh day if they would like, but they cannot be forced to do so.
Overtime laws can be complex, and it is very important to ensure that they are applied properly and that correct payments are made to employees who work extra hours. When this does not happen, it can be helpful to work with an experienced employment attorney.