Mandatory Overtime, At What Point (If Ever) Does It Become Illegal?
Mandatory overtime is overtime which an employee is required to work, even if he or she does not want to work. The only Federal "overtime law" is under the Fair Labor Standards Act (FLSA). Federal overtime law under the FLSA does not prohibit employers from forcing employees to work mandatory overtime, as long as the employee is 16 year of age or old. Of course, non-exempt employees must be paid for overtime work at a premium rate. Under Federal law, there is not requirement to pay exempt employees overtime, nor is there any limit to how many hours an employer can require an exempt employee to work.
California has a very complex set of rules concerning overtime which were written for different job categories. In California, there are several Wage Orders that restrict an employer's right to force mandatory overtime for particular jobs, such as Wage Order 4, which deals with Professional, Technical, Clerical, Mechanical and Similar Occupations, Wage Order 8, dealing with Handling Products After Harvest, Wage Order 13, dealing with Agricultural Products for Market, on the Farm, and Wage Order 16, dealing with On-Site Construction, Drilling, Logging and Mining.
Putting aside these job categories, with certain exceptions, California employees can be forced to work overtime, but not for more than six days in a row. Under Labor Code Section 551, most employees are entitled to at least one day of rest per week. Exceptions to this rule are set forth in Labor Code Section 554 and 556. These exceptions essentially say that in an emergency, the employer can require employees to work for over 6 days in one week. Non-exempt employees must be paid a premium wage for overtime work.
In general, California employers can require overtime work, regardless of whether or not an employee is exempt or non-exempt, with no recourse if the employee does not want to work the extra time and is fired as a consequence. Of course, if you are a non-exempt employee, you must be paid properly for all overtime hours worked. Your employer has the burden of proving that you are a non-exempt employee. The fact that you are paid a salary does not mean that you are exempt, and many employers large and small have been found to have "cheated" in the manner in which they categorize their employees as exempt. Because there is a huge cost difference for the employer between the two categories, employers may feel that the "risk is worth it" and fudge on how they categorize their employees. Indeed, in an ideal world for employers, all employees would be exempt.
Putting all the categories and regulations aside, under California law, all employers owe all their employees a duty of good faith and fair dealing. Admittedly, no one really knows, in advance of a court case, what this means. However, the legal system has been established for the purpose of resolving this type of question, and if an exempt or non-exempt employee is required to work overtime to an extent that his or her health is endangered, so that it "shocks the conscience," the duty of good faith may be breached.
A "bad faith forced overtime case" would by definition not be something that happens often, nor could it occur based on a brief period of time of excessive overtime. In other words, such a case would require a very unusual set of circumstances, but if this is so, the maxim that "where there is a wrong, there is a right," may prevail, as California Courts have led the way in protecting the rights of workers who have been subject to illegal or unconscionable acts by employers.
If you have questions about Overtime issues, please call us at (858) 259-7790 or contact us online.
California has a very complex set of rules concerning overtime which were written for different job categories. In California, there are several Wage Orders that restrict an employer's right to force mandatory overtime for particular jobs, such as Wage Order 4, which deals with Professional, Technical, Clerical, Mechanical and Similar Occupations, Wage Order 8, dealing with Handling Products After Harvest, Wage Order 13, dealing with Agricultural Products for Market, on the Farm, and Wage Order 16, dealing with On-Site Construction, Drilling, Logging and Mining.
Putting aside these job categories, with certain exceptions, California employees can be forced to work overtime, but not for more than six days in a row. Under Labor Code Section 551, most employees are entitled to at least one day of rest per week. Exceptions to this rule are set forth in Labor Code Section 554 and 556. These exceptions essentially say that in an emergency, the employer can require employees to work for over 6 days in one week. Non-exempt employees must be paid a premium wage for overtime work.
In general, California employers can require overtime work, regardless of whether or not an employee is exempt or non-exempt, with no recourse if the employee does not want to work the extra time and is fired as a consequence. Of course, if you are a non-exempt employee, you must be paid properly for all overtime hours worked. Your employer has the burden of proving that you are a non-exempt employee. The fact that you are paid a salary does not mean that you are exempt, and many employers large and small have been found to have "cheated" in the manner in which they categorize their employees as exempt. Because there is a huge cost difference for the employer between the two categories, employers may feel that the "risk is worth it" and fudge on how they categorize their employees. Indeed, in an ideal world for employers, all employees would be exempt.
Putting all the categories and regulations aside, under California law, all employers owe all their employees a duty of good faith and fair dealing. Admittedly, no one really knows, in advance of a court case, what this means. However, the legal system has been established for the purpose of resolving this type of question, and if an exempt or non-exempt employee is required to work overtime to an extent that his or her health is endangered, so that it "shocks the conscience," the duty of good faith may be breached.
A "bad faith forced overtime case" would by definition not be something that happens often, nor could it occur based on a brief period of time of excessive overtime. In other words, such a case would require a very unusual set of circumstances, but if this is so, the maxim that "where there is a wrong, there is a right," may prevail, as California Courts have led the way in protecting the rights of workers who have been subject to illegal or unconscionable acts by employers.
If you have questions about Overtime issues, please call us at (858) 259-7790 or contact us online.
