Legal Question in Employment Law in California

Employer overworking me!!!!

Is is legal for my employer to work me seven days in a row or more w/o compensation? What if it's split over two schedules? example: my work week is Saturday to Friday. I was off the past Saturday and Sunday, but worked Mon.-Fri. this week. On the schedule that starts Saturday, i am scheduled Sat. and Sun. and not off until Monday, which makes 7 days straight. Before i have worked up to 10 days concurrently w/o a day off. Help me!!!


Asked on 8/03/04, 7:46 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Employer overworking me!!!!

Overtime is to be paid if work more than 8 hours per day and/or 40 hours per week. As to work days, if overtime paid as required, you and your employer agree to work days agreed. If you do not agree you can quit and he/she can fire you in Ca.

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Answered on 8/08/04, 3:07 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Employer overworking me!!!!

You don't ever HAVE to work. You've got the right to work only on the days you want. However, your employer has the right to fire you. While it may not really seem like it, the way it works is that the employee and the employer come to an agreement as to what days/hours the employee will work.

However, depending on the number of hours worked and the nature of your job, you're probably entitled to overtime.

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Answered on 8/07/04, 11:59 am


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