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View Full Version : Forced Overtime California


rcbanni
06-10-2006, 01:17 PM
This post has been deleted.

Pattymd
06-10-2006, 02:47 PM
Pilots, absolutely. Aircraft mechanics, not to my knowledge. Except California does have a "one day's rest in seven" law; see here, paragraphs 551 and 552: What this means is that you cannot legally be terminated for refusing to work seven days in a row.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558

Relative to "forced" overtime, except as noted above, it's not illegal.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

I don't disagree that the scheduling issues are poor management. However, the law does not require prior notification of work schedules. Sorry.

turbowray
06-10-2006, 04:21 PM
Pilots, absolutely. Aircraft mechanics, not to my knowledge. Except California does have a "one day's rest in seven" law; see here, paragraphs 551 and 552: What this means is that you cannot legally be terminated for refusing to work seven days in a row.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558

Relative to "forced" overtime, except as noted above, it's not illegal.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

I don't disagree that the scheduling issues are poor management. However, the law does not require prior notification of work schedules. Sorry.
No one likes to be told they have to work overtime,but there is no law forbidding it in most if not all states (not sure) I was schedualed to get off at 2 pm,after my 8 hour shift,and my coworker fell ill,so with no warning at all,just a phone call to me,i was working from 5:30 am to 7:00 pm. I got the overtime pay,but the plans i had were no more. Sorry it is inconvenient,but not illegal. You are right though,you are taking a risk for not complying,and you could be terminated,not just written up for it. Good luck to you and keep your chin up!!

cbg
06-10-2006, 07:00 PM
Just to clarify, turbowray, mandatory overtime is legal in all 50 states as far as employment law is concerned. However, there are some individual industries where state or Federal laws (other than employment laws) either do not permit mandatory overtime or limits it. For example, FAA laws limit or prohibit (not sure which) mandatory overtime for pilots; DOT laws limit it for truck drivers; in some (but not all) states, whichever agency it is that oversees nurses limits it for them. In ALL cases they are jobs where there is a public safety factor involved; i.e. the public or a portion thereof would be endangered if a pilot (or truck driver, or nurse) was working too many hours or on not enough sleep.

Some union contracts might also limit it; that is a contractual prohibition, however, not a legal one.

For the most part, though, mandatory overtime is legal no matter where in the US you are.

turbowray
06-11-2006, 02:48 AM
Just to clarify, turbowray, mandatory overtime is legal in all 50 states as far as employment law is concerned. However, there are some individual industries where state or Federal laws (other than employment laws) either do not permit mandatory overtime or limits it. For example, FAA laws limit or prohibit (not sure which) mandatory overtime for pilots; DOT laws limit it for truck drivers; in some (but not all) states, whichever agency it is that oversees nurses limits it for them. In ALL cases they are jobs where there is a public safety factor involved; i.e. the public or a portion thereof would be endangered if a pilot (or truck driver, or nurse) was working too many hours or on not enough sleep.

Some union contracts might also limit it; that is a contractual prohibition, however, not a legal one.

For the most part, though, mandatory overtime is legal no matter where in the US you are.
Thats good to know!! I can't believe i forgot about the truckers one,because i had a friend who is a trucker,and he stated that he wants to drive more at times,but there are rules prohibiting him from doing so. Thanks again!! :)

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