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Mandatory Overtime???? California

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  • Mandatory Overtime???? California

    Hi there everybody!

    I work for a call center in California that makes hotel reservations and today when I got in they gave me a paper stating that one of our call centers in Canada is scheduling to close their center next Friday for some holiday and that they need us to cover there calls.

    So they put out for people to sign up for overtime but didn't get enough to cover the required shifts. So my center's next step....they scheduled mandatory overtime for some of us. If we call out for this overtime we get written up. Can they do this? I have a life outside of work and to HAVE to complete mandatory overtime I think is rediculous.

    Is this legal?

  • #2
    Yes, you can be required to work mandatory OT. They are the boss & you have to work the hrs. they require/need you to. If you don't, you can be disciplined up to & including being fired. Sorry.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Thanks for the insight. I still think this is stupid and it doesn't sound like anything that's legal, oh well just makes me hate my job even more.

      Comment


      • #4
        Originally posted by lmw4099 View Post
        it doesn't sound like anything that's legal, oh well just makes me hate my job even more.
        It is legal and it happens in a lot more industries than the one you are in. Your company tried to cover the work with volunteers. It couldn't get enough, so it either requires employees to work or risks losing business. If the company is taking the calls on contract with some hotel chain, it could lose the account by failing to meet minimum requirements and that could put a lot of people out of a job. The chain itself will suffer, too, with loss of business and unhappy customers unable to make reservations.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

        Comment


        • #5
          Originally posted by lmw4099 View Post
          Hi there everybody!

          I work for a call center in California that makes hotel reservations and today when I got in they gave me a paper stating that one of our call centers in Canada is scheduling to close their center next Friday for some holiday and that they need us to cover there calls.

          So they put out for people to sign up for overtime but didn't get enough to cover the required shifts. So my center's next step....they scheduled mandatory overtime for some of us. If we call out for this overtime we get written up. Can they do this? I have a life outside of work and to HAVE to complete mandatory overtime I think is rediculous.

          Is this legal?
          Are you being paid 1.5 of your base pay for hours worked from 8-12 and over 12 hours double your base pay? do you get an uninterrupted meal period of 30 minutes after 5 hours of work and a 10 min break after each 4 hours of work?
          Walter

          www.California-Labor-Law-Attorney.com
          "Wage and Hour Class Action Attorneys"

          Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

          Comment


          • #6
            Yes they are. That's not the issue though. It makes it extremely difficult for people like myself who have more than one job. I work in the mornings for another company and don't get off in time to make it for this stupid mandatory overtime. I've already talked to HR at both companies and neither really seem to give a crap. So basically I get written up either way. Gotta love California.

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            • #7
              Originally posted by lmw4099 View Post
              Gotta love California.
              Maybe, but this is something that is generally true in all 50 states and not specific to California. CA laws are actually more favorable to the employee then almost any other states, but in this particular matter, that is not saying much. CA has a weak one-day-off-in-seven law (pratically more like a 4-days-off-every-28-days), which is a weak law, but stronger then that in almost any other states. And the daily OT laws tend to discourage employers from random OT requirements.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                I am very sympatheic to the plight of workers as many companies do abuse their employees (e.g., fail to pay them time-and-a-half, premium pay when they work overtime; fail to provide them meal/rest breaks; fail to reimburse them for business expenses, etc.). I am not feeling your pain, however.

                As an employee, you are subject to the scheduling demands of your employer. This is not unique to California. All employees in the United States are obligated to meet the work-schedule demands of their employers. If your employer needs you to work on a particular day, you need to be available to work that day. If you are unwilling to make yourself available, your employer has every right to discipline you, up to and including terminating you.

                My take on the situation: You should be GRATEFUL that you have a job that provides you with consistent hours, so that you can easily pursue and schedule personal endeavors outside of work vs. being upset and disgruntled that your employer is requiring you to work an isolated day of unsecheduled work -- and even then, only because it could net get enough employees to "volunteer" to work the day.
                Barry S. Phillips, CPA
                www.BarryPhillips.com

                IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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                • #9
                  Originally posted by lmw4099 View Post
                  Yes they are. That's not the issue though. It makes it extremely difficult for people like myself who have more than one job. I work in the mornings for another company and don't get off in time to make it for this stupid mandatory overtime. I've already talked to HR at both companies and neither really seem to give a crap. So basically I get written up either way. Gotta love California.
                  I understand your frustration but California is actually the most liberal state in regard to labor laws in America.
                  Walter

                  www.California-Labor-Law-Attorney.com
                  "Wage and Hour Class Action Attorneys"

                  Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                  Comment


                  • #10
                    Originally posted by CaLaborLawAttorney View Post
                    I understand your frustration but California is actually the most liberal state in regard to labor laws in America.
                    Agreed.

                    Come down to Georgia where I think they finally outlawed beatings from upper management in 1999.

                    Why yes, that was a joke. But not by much.
                    Not everything that makes you mad, sad or uncomfortable is legally actionable.

                    I am not now nor ever was an attorney.

                    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                    Comment


                    • #11
                      do they obeserve the 14th amendment in Georgia? (abolish slavery??)

                      We just took in a case in California where a large wireless service company had their employees bring in cots for 3 months and "sleepover" while they finished a project..you guessed it with no overtime.
                      Walter

                      www.California-Labor-Law-Attorney.com
                      "Wage and Hour Class Action Attorneys"

                      Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                      Comment


                      • #12
                        Originally posted by CaLaborLawAttorney View Post
                        do they obeserve the 14th amendment in Georgia? (abolish slavery??)

                        We just took in a case in California where a large wireless service company had their employees bring in cots for 3 months and "sleepover" while they finished a project..you guessed it with no overtime.
                        Wow. They didn't even provide the cots?

                        I wonder if the employees can sue them for the loss of marital relations and/or the new babies born from too close a quarter with co workers?
                        Not everything that makes you mad, sad or uncomfortable is legally actionable.

                        I am not now nor ever was an attorney.

                        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                        Comment


                        • #13
                          Originally posted by cyjeff View Post
                          Wow. They didn't even provide the cots?

                          I wonder if the employees can sue them for the loss of marital relations and/or the new babies born from too close a quarter with co workers?
                          haha love your sense of humor...you are correct it does not make much of a social life unless you like candlelight dinners with the computer guy/girl next to the Coke machine.
                          Walter

                          www.California-Labor-Law-Attorney.com
                          "Wage and Hour Class Action Attorneys"

                          Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                          Comment


                          • #14
                            Originally posted by BSPCPA View Post
                            I am very sympatheic to the plight of workers as many companies do abuse their employees (e.g., fail to pay them time-and-a-half, premium pay when they work overtime; fail to provide them meal/rest breaks; fail to reimburse them for business expenses, etc.). I am not feeling your pain, however.

                            My take on the situation: You should be GRATEFUL that you have a job that provides you with consistent hours, so that you can easily pursue and schedule personal endeavors outside of work vs. being upset and disgruntled that your employer is requiring you to work an isolated day of unsecheduled work -- and even then, only because it could net get enough employees to "volunteer" to work the day.
                            Never did I say I was looking for sympathy. I am grateful I have a job. I'm not grateful for the fact that I have to have 2 jobs just to pay the bills and barely make it by with that. My job at the call center knows I have another job and knows the hours, they have to schedule my days around that other schedule. For them to tell me now that I have to come in on a day that I work my other job is rediculous. They can write me up.

                            Comment


                            • #15
                              You do realize, don't you, that nothing in the law requires them to schedule your hours around the other job?

                              They can write you up if you refuse to come in. They can also fire you.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                              Comment

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