Can You Be Forced to Work Overtime in California?

In California, employers can require employees to work overtime, but they must comply with strict state labor laws designed to protect workers’ rights. 

If you have worked overtime and weren’t compensated, contact our Orange County overtime attorney today. Call (949) 379-6250 today.

When Can California Employers Require Overtime?

Under California law, employers can require employees to work overtime as long as they:

Pay the Required Overtime Rates:

• 1.5 times the regular rate of pay for hours worked over 8 hours in a workday or 40 hours in a workweek.
• Double the regular rate of pay for hours worked over 12 hours in a workday or 8 hours on the seventh consecutive workday.

Provide Proper Breaks and Rest Periods:

• Employers must ensure employees receive meal and rest breaks during overtime shifts.
• Employees are entitled to a 30-minute unpaid meal break after working more than 5 hours and a 10-minute paid rest break for every 4 hours worked.

Comply with Health and Safety Regulations:

• Employers cannot require overtime if it endangers employee health or safety, such as excessive work hours without adequate rest.

Who Can Be Required to Work Overtime?

In California, non-exempt employees are covered by overtime laws, meaning employers can require them to work overtime as long as they are properly compensated. This includes hourly employees who earn less than twice the minimum wage and salaried employees whose duties do not meet the criteria for exempt status under state law.

Exempt Employees

Exempt employees are not entitled to overtime pay and may be required to work overtime without additional compensation. This includes:

• Executive, administrative, and professional employees who meet specific salary and duty requirements.
• Outside salespersons and computer professionals who earn above a certain salary threshold.

However, employers must clearly classify employees as exempt or non-exempt to avoid wage and hour violations.

Can I Refuse to Work Overtime?

In most cases, no. California law allows employers to require overtime unless:

• You have a valid medical reason with documentation from a healthcare provider. 
• You are covered by a union contract or employment agreement that limits overtime or set rules for when overtime can be mandated.
• The overtime request violates health and safety laws (e.g., endangering your health). for instance, industries with strict work-hour limitations (e.g., truck driving or healthcare).

Refusing to work overtime without a valid reason can result in disciplinary action or termination, as long as your employer complies with overtime laws.

What to Do If You Believe Your Rights Are Violated

If you suspect your employer is forcing you to work overtime illegally or not paying the correct overtime rates, take the following steps:

Document Your Hours

Keep a detailed record of your work hours, including breaks and overtime shifts.

Review Your Pay Stubs

Check for accurate overtime calculations and wage statements.

File a Wage Claim

You can file a complaint with the California Labor Commissioner’s Office if your employer refuses to pay overtime.

Consult an Employment Lawyer

An Orange County overtime lawyer can help you recover unpaid wages, penalties, and damages for wage and hour violations.