Legal Question in Employment Law in California

If I am an hourly employee, can my company make me take days off without pay to avoid paying overtime


Asked on 1/14/14, 9:21 pm

3 Answers from Attorneys

Of course they can. You have no right to work any particular days or hours. You work when your employer wants you to work. If that runs into overtime you have a legal right to overtime pay, but you have no right to be worked overtime if your employer doesn't want you to.

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Answered on 1/14/14, 9:42 pm
Charles Perry Law Offices of Charles R. Perry

Mr. McCormick is correct. At-will employees have extremely little control over their schedules, due to their lack of real negotiating power. You certainly have no right to additional days in order to earn overtime.

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Answered on 1/14/14, 11:43 pm
Terry A. Nelson Nelson & Lawless

yes. You don't get to dictate your hours, they do.

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Answered on 1/15/14, 7:32 am


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