Can a California Company Require Mandatory Overtime?

For every hour worked beyond eight hours in a single day, or beyond 40 hours in a single work week, California law requires non-exempt employees to be paid one and a half times their normal rate of pay. 

Additionally, the Society for Human Resource Management explains, if an employee works more than 12 hours in any workday, or if they work an excess of eight hours on the seventh consecutive day of a work week, they are entitled to double their usual rate of pay. In the cases of some areas of employment, overtime laws can differ.

Capital Public Radio reports that as of 2019, California must pay overtime to farmworkers who work nine and a half hours in a day or 55 hours in a week. In the past, only farmworkers who worked 10 hours in a day or 60 hours in a week were eligible for overtime.

Non-exempt employees are entitled to a 30-minute off-duty lunch break if they work more than five hours in a workday. They are also entitled to a 10-minute break every four hours. Employees who work more than 10 consecutive hours are entitled to a second 30-minute meal break.

In most cases, employers may not require employees to perform tasks or be partially on-duty during their legally required break, unless the employee agrees to such an arrangement. This type of agreement can be revoked.  

Who is Entitled to Overtime in California?

California employees who are classified as “non-exempt” from overtime are eligible to receive overtime.

A non-exempt employee is a worker who performs hourly work, is typically not salaried, and does not use their independent judgment and discretion in the course of their duties. Conversely, employees who use independent judgment and discretion in the course of their work are often employed in administrative roles, and are classified as exempt.

Some salaried employees are eligible for overtime, unless they meet the requirements for being classified as exempt.

Is Mandatory Overtime Prohibited in California?

Under both federal and California law, employers are allowed to require employees to work overtime. However, these required overtime hours must be paid at the legally-required overtime rate.

Additionally, both federal and California law legally allow employers to punish employees for refusing to work mandatory overtime. This means that employers have the right to fire employees who refuse to work the mandatory overtime, says O2 Employment Services.

Can an Employee Ever Refuse to Work Mandatory Overtime?

Though employers generally are able to require employees to work overtime and punish those who do not, there are some exceptions.

There are limits in various industries that prevent employees from working a certain amount of overtime. Some of these instances occur in industries in which excessive overtime could jeopardize the health or safety of the employee or others.

Additionally, if an employer fails to compensate employees properly for overtime, an employee has the right to refuse to work overtime.

Is There a Cap on Mandatory Overtime?

Yes, there is a limit to how much overtime an employer can require employees to work. Employees who have worked more than 72 hours in the previous week may refuse to work overtime in the current week, even if the overtime is required.

Additionally, employees who have worked six consecutive days in one workweek may refuse to work overtime on the seventh day in the same workweek, even if required by the employer.

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