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CA Mandatory Overtime California

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  • CA Mandatory Overtime California

    I live and work in California and I am a single parent of two very young children. I work a job where my employer is forcing me to work Mandatory OT. ( I have been employed with this same employer for over 8 years now) I already work from 7 am to 4pm. I do not have a sitter available nor could I afford to hire a private one at home to care for my children after my normal schedule. The amount I receive in OT pay would not cover the amount I would need to pay for the extra care for a private sitter. I am able to come in early, as others in the exact same position as myself are permitted to do so, but they refuse to allow me to come in early and are forcing me to work 7am to 8 pm for the next 2 weeks straight. I dont know what to do and dont have the money at all to hire a private sitter. What do I do? Is this legal? I am the only single parent in my department of 25, and there are a few others that are even allowed to work from home. I feel like I am being treated unfairly simply because I am a single parent? i have spoken with HR, my department Mgr and all keep giving me the run around. Meanwhile I watch the other employees in my office come in and go as they please without having a real schedule. Help me please.

  • #2
    This is going to be a soft answer. Perhaps other responders can give harder answers.
    - Mandatory overtime is generally legal.
    - If you can prove in a court of law that the sole reason that you are being discriminated against is that you are a single parent, then you maybe have some recourse. If nothing else CA supports the "public policy" exception, so a sufficiently well funded lawyer could at least make the argument. Does not mean that you would win, but the argument could at least be made in court. The problem is you saying that this is the reason does not make it so. I have been a supervisor/manager for a few decades and it is not uncommon for employees to attribute motives to me that I knew as fact were not correct.
    - Disparate treatment is not inherently illegal. The number of items of disparate treatment that are formally illegal is actually fairly small. At the federal level, mostly Title VII reasons (race, gender, national origin, etc.). Single-parenthood is not a legally protected class under federal law. CA law is complicated, not so much because single-parenthood is a formally protected class (it is not), but rather that there are more possible courses of action then under federal law. Also, illegal disparate treatment and discrimination claims are very much a specialty area in the law, one that I have no real background with.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


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