Forced to stay.

[mani5873]

I work in California and im being forced to work 11 hour days while other employees are excused to leave at their posted scheduled times. It seems
like im the only one who is forced to stay and work. It doesn’t seem fair.
I’ve asked to leave at my posted time but im being told to stay.
Is this a common practice for California employers?

[LConnell]

Employers can require overtime so long as the employee is not being treated differently for discriminatory reasons, such as age, race, disability, gender, etc. or because of retaliation against an employee for protecting his/her legal rights, such as filing a wage claim.

Of course, if the employee is non-exempt, he/she must be paid overtime for hours worked over 8 in a day (with a few exceptions). In addition, the employee may be eligible for additional rest/meal periods.

[mani5873]

LConnell you have been most informative. Thanks again.

[AndrewAK]

The FLSA only covers overtime pay on a weekly basis of 40hrs. It makes no requirment of employers to pay overtime after 8 hrs in a day. States, such as mine (Alaska) have rules that cover time worked beyond 8 hrs in a day and 40 hrs in a week. Check your State's rules to see if you are covered on a daily basis.

[LConnell]

Yes, California does require overtime after 8 hours in a day. However, there isn't any rule that would stop an employer from requiring an employee to work the extra hours (though the employer will need to pay more). You can read more about California overtime at: http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

[Cali Paralegal]

I am a paralegal that has been working around 60 hours per week for the past few months and will need to continue these hours for at least 2 more months. I work in a large law firm in California. We have plenty of paralegals. Many of them are not working nearly the same amount of hours as I. Some don't even have enough work to get them through the 8 hour day. The problem is our client does not want a lot of people working on the case. So, even though there are people who can help with the work load, we are being limited on the number of people we can use. And because of that, we who are on our client's "approved list" are forced to stay late and get the work done while others are free to leave after 8 hours.

In this type of situation, is there anything I can do to limit the number of hours I am forced to work?

[Beth3]

In this type of situation, is there anything I can do to limit the number of hours I am forced to work? Legally, no. You can complain to your supervisor about the extra hours they are requiring you to work but that's it.

[tcruz]

My husband works at a cement plant and he has worked 14 days stright doing 12 hour shifts. Friday will be 20 days stright no days off. I am trying to find a California Law thats states he is entitled to a day off. How many days can an employer make you work in a row with no days off. Please help me.

Tiffany

[LConnell]

There isn't any such law in California, as long as your husband is paid appropriately.

[tcruz]

Thank you for your help. It is amazing that California will let them work you that much. id there a limit to how many hours they can work you in one week?

Tiffany

[cbg]

According to one source I traditionally use, CA does limit the number of hours an employer may ask an employee to work in a single week. However, it is unclear even within that source whether the limit is 72 hours, or 72 hours OVERTIME. The source also does not give any verification or provide any sites to that law, and I have never seen it referenced anywhere else. So I can't really say for certain if the law actually exists or not.

Unless someone else knows for certain, you should check with the state DOL on that issue. Even if it's legal, I would certainly think working that many hours would create some safety concerns.

[LConnell]

No, there isn't any limit.