![\"Mandatory](\"https:\/\/clockify.me\/blog\/wp-content\/uploads\/2023\/03\/Mandatory-overtime-cover.jpg\")
<\/figure>\n<\/div>\n\n\nWhat is mandatory overtime?<\/h2>\n\n\n\n
Mandatory overtime (or forced overtime) is the practice of mandating employees to work more than 40 hours in a standard workweek. <\/p>\n\n\n\n
No matter how hard it is to believe, employers can request employees to work extra hours without giving any prior notice or asking for an employee\u2019s approval. <\/p>\n\n\n\n
However, according to the Fair Labor Standards Act (FLSA)<\/a>, they need to compensate their employees 1.5 times their regular wage for all overtime hours worked. <\/p>\n\n\n\n Mandatory overtime is usually required in times when there is a labor shortage, unexpected demand, or when a certain project is due for completion.<\/p>\n\n\n\n However, companies still need to follow FLSA regulations regarding overtime<\/a>.<\/p>\n\n\n\n The FLSA rules also vary in terms of whether an employee is classified as:<\/p>\n\n\n\n Under FLSA, mandatory overtime is considered legal provided that the employers meet the following conditions:<\/p>\n\n\n\n We reached out to David Reischer<\/a>, an Employment Attorney at LegalAdvice.com, to find out what he had to say on the subject:<\/p>\n\n\n\n \u201cThere is no federal law that outright prevents an employer from demanding mandatory overtime worked by their employees. There may, however, be federal laws that put caps on how many hours a person may work friending on the job.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n In addition, Michael Elkins<\/a>, the founder of labor and employment law firm MLE Law, further explains this matter:<\/p>\n\n\n\n \u201cEmployees at will can be forced to work any schedule the employer deems required, which may include working over 40 hours in a given work week. As long as the employer is not forcing the overtime for some discriminatory purpose, this is perfectly legal.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n Furthermore, Travis Tatko<\/a>, an employment law partner at Capell Barnett Matalon & Schoenfeld LLP, notes the following:<\/p>\n\n\n\n \u201cThere is no restriction on the number of working hours as long as they\u2019re keeping with the presumption of at-will employment where an employee can leave his or her employment, or an employer may terminate an employee\u2019s employment, for any or no reason, with certain exceptions (e.g., an employment contract for a defined duration; an improper dismissal based on discriminatory reasons or against public policy).\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n Therefore, employers can legally demand their employees to work overtime as long as they do not discriminate, follow relevant laws, and provide overtime pay.<\/p>\n\n\n\n Unlike other states (like Alabama<\/a>, Arizona<\/a>, or Florida<\/a>) that follow federal overtime rules, California has a state overtime law<\/a>. Employers in California have the right to impose mandatory overtime on condition that employees are compensated for all overtime hours.<\/p>\n\n\n\n An employment attorney at the Walker Law, Lorrie Walker<\/a>, explains this further:<\/p>\n\n\n\n \u201cIn California an employer has the authority to dictate an employees’ schedule, including what hours the employee works and whether an employee works overtime. Furthermore, California law allows for employers to discipline employees who refuse to work mandatory overtime, including termination.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n Walker further states that, for certain industries, the California Industrial Welfare Commission has set forth rules and regulations called \u2018Wage Orders\u2019<\/em> that govern employee rights, including overtime.<\/p>\n\n\n\n \u201cFor example, Wage Order 13 related to employees in the agricultural industry, allows employers to require employees to work up to 72 hours per work week. However, any additional time beyond that must be voluntary. Other industries can only require overtime beyond 72 hours per work week in an emergency. Additionally, an employer in California cannot force an employee to work on the 7th consecutive day without first giving the employee a day of rest.<\/em>“<\/p>\n<\/div>\n<\/div>\n\n\n\n All in all, California\u2019s mandatory overtime laws<\/a> suggest that all nonexempt employees should be paid 1.5 times their regular pay rate<\/a> for all hours over 40 in a workweek. Moreover, they should be paid double their regular rate of pay if they work past 12 hours in a day or past 8 hours on the 7th day of the workweek.<\/p>\n\n\n\n \ud83d\udca1Clockify Pro Tip<\/strong><\/p>\n\n\n\n Learn your rights and responsibilities as an employee in California in our labor law guide.<\/p>\n\n\n\n Generally, mandatory overtime is legal because there aren\u2019t any laws that prohibit employers from requiring overtime. <\/p>\n\n\n\n In reality, the FLSA does not specify the number of hours<\/a> an employee may be required to work in a single workweek. It only prescribes the rules for minimum wage<\/a> for regular and overtime hours that employers should follow.<\/p>\n\n\n\n Mandatory overtime becomes illegal if your employer doesn\u2019t pay the appropriate rate for all overtime worked. <\/p>\n\n\n\n However, certain exceptions mean mandatory overtime depends on the state and the nature of the job. <\/p>\n\n\n\n David Reischer further elaborates with the following:<\/p>\n\n\n\n \u201cFederal and state laws will vary depending upon the specific type of work and safety concerns for requiring an employee to work too many hours and putting the player’s safety and that of others in harm’s way.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n For example, in 18 US states (such as Alaska, California, Illinois, Connecticut, or Massachusetts, for example), mandatory overtime for nurses is illegal<\/a> and is protected by legislation. In line with that, employers cannot force them to work beyond their regular work schedule<\/a>.<\/p>\n\n\n\n Mandatory overtime is not always considered legal. To learn more about such exceptions, we got in touch with Richard Dreitzer<\/a> at Fennemore Craig, whose primary focus is in the area of labor and employment law. He says that employees may refuse working overtime without losing their jobs only in a few situations (if they do get penalized, they have the right to file a lawsuit).<\/p>\n\n\n\n Let\u2019s explore each of these situations below.<\/p>\n\n\n\n Richard Dreitzer says that mandatory overtime can be considered illegal in the following situation:<\/p>\n\n\n\n \u201cIf the overtime work may create a health or safety hazard. For example, requiring an employee to disinfect for COVID or remediate asbestos.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n We also connected with Douglas Bracken<\/a>, an employment law attorney with Kane Russell Coleman Logan, with extensive experience on employment issues arising under state and federal law. He also confirmed the following:<\/p>\n\n\n\n \u201cMandatory overtime work may not be legal where it may create a safety hazard. If the overtime work poses a health or safety risk, it may violate the Occupational Safety and Health Act (OSHA) or another federal or state law.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n Douglas also gave an example of such situations:<\/p>\n\n\n\n \u201cFor obvious safety reasons, there are laws limiting the hours that truck drivers can work. Similarly, OSHA may provide some protection from long work hours and fatigue that could lead to injury. But, it still does not provide any specific limits on the number of hours an employee can work. Instead, OSHA provides fines for employers who create unsafe work conditions.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n As we can see, mandatory overtime must not pose a risk to the employee’s safety and health. Otherwise, it\u2019s considered illegal. <\/p>\n\n\n\n So, if the conditions under which an employee works overtime increase the health and safety risks, the employer should not consider requiring overtime work. <\/p>\n\n\n\n After all, working long work hours<\/a> has been found to make people less alert<\/a> and more fatigued. <\/p>\n\n\n\n \ud83d\udca1Clockify Pro Tip<\/strong><\/p>\n\n\n\n Putting in long hours at work might have negative effects on your health. Read about the most common symptoms that show you’re being overworked:<\/p>\n\n\n\n As we previously mentioned, employees working overtime hours should be properly compensated (1.5 times their regular hourly wage) for all the extra hours they put in. This means that if employers try to violate the law regarding overtime pay in any way, they\u2019re putting their company at risk for penalties. <\/p>\n\n\n\n Some common violations they might perform include: <\/p>\n\n\n\n If your employer fails to compensate you for your overtime work fairly, you can file a complaint with the Department of Labor\u2019s Wage and Hour Division (WHD), or even file a civil lawsuit against them. <\/p>\n\n\n\n \ud83d\udca1Clockify Pro Tip<\/strong><\/p>\n\n\n\n In our guide, we cover everything you need to know about the financial aspect of working overtime:<\/p>\n\n\n\n According to Richard Dreitzer, an employee can refuse to work overtime if they have a family emergency under the Family and Medical Leave Act (FMLA)<\/a>.<\/p>\n\n\n\n Family emergencies which entitle workers to take leave under the FMLA<\/a> include:<\/p>\n\n\n\n Therefore, as per US Department of labor, employees are allowed to take unpaid leave \u2014 such as medical leave \u2014 and have their job security guaranteed. This means that your employer cannot schedule you for overtime work or even fire you for refusing, since you\u2019re on family\/medical leave, and protected by law. Eligible employees are entitled to 12 weeks of unpaid leave per year and can get back to work after the end of that period without any repercussions.<\/p>\n\n\n\n Elkins also said: <\/p>\n\n\n\n \u201cAn employee that is on FMLA leave likely would not be faced with having to work overtime since the employee is out on leave.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n Moreover, employees can’t get fired for taking the FMLA leave<\/a>. However, the employer can still fire an employee<\/a> while on or returning from FMLA leave, due to several reasons \u2014 such as:<\/p>\n\n\n\n Travis Tatko further elaborates on this:<\/p>\n\n\n\n \u201cThe FMLA can protect employees from having to work, but FMLA only applies in specific situations, including employers with 50 or more employees. And you need the underlying specific medical or family reason under FMLA to apply for the employee to take FMLA leave.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n To qualify for FMLA leave<\/a>, an employee must:<\/p>\n\n\n\n Richard Dreitzer also says that employees can reject overtime work if they have a disability under the Americans With Disabilities Act (ADA)<\/a>.<\/p>\n\n\n\n ADA protects employees with disabilities from workplace discrimination and makes it illegal to fire them due to their disability, as long as they\u2019re capable of performing the essential functions of the job<\/a>. <\/p>\n\n\n\n Therefore, employers must make reasonable adjustments<\/a> to the job or workplace that would allow them to perform the job regardless of their disability. This means modifying the employee\u2019s scheduled mandatory overtime<\/a> to reasonably accommodate their disability.<\/p>\n\n\n\n Travis Tatko also confirms that an employee with a disability preventing the employee from working overtime may be protected under the same act.<\/p>\n\n\n\n \u201cHowever, some courts have ruled that working overtime may be an essential job function required for certain jobs as a business necessity, and in such cases, an employee that is medically unable to work overtime may still not be protected.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n To understand this situation better, Elkins mentioned that:<\/p>\n\n\n\n \u201cQualified individuals with a disability under the ADA still need to perform the essential functions of their job. Unless the employee has an accommodation that they do not have to work overtime, it is likely an employee covered under the ADA could still face discipline for refusing to work the hours designated by the employer.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n When working overtime is considered an essential job function and a business necessity, employers are not required to adjust or eliminate such standards under the ADA. This means that, even if the employee has a medical condition that could be adversely affected by working additional hours, they can still be terminated from their current position if they simply cannot perform the essential functions of the job.<\/p>\n\n\n\n Furthermore, employers might still be able to terminate someone\u2019s employment under the following conditions<\/a>:<\/p>\n\n\n\n The FLSA overtime law may also not apply to employees hired under a collective bargaining agreement (CBA)<\/a> \u2014 an agreement between employers and representatives of their employees (e.g., unions) \u2014 which regulates employment matters, such as: <\/p>\n\n\n\n Richard Dreitzer further explains:<\/p>\n\n\n\n \u201cIf the overtime work violates a contract (i.e., if the contract doesn\u2019t specify that overtime is permitted), the employee can refuse to work it and can\u2019t be fired for that refusal. For example, a union contract (or a CBA) can specify the number of hours an employee must work in a week.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n CBA employees are limited regarding the number of hours worked, regardless of the FLSA requirements. Therefore, the employer must follow the CBA provisions. In case they violate the contract\u2019s terms, they might face a civil lawsuit. <\/p>\n\n\n\n Tatko also adds this:<\/p>\n\n\n\n “It all depends on the CBA. Unions can negotiate terms of overtime and restrict mandatory overtime. Employment agreements can protect employees, and a CBA falls into that zone.<\/em>“<\/p>\n<\/div>\n<\/div>\n\n\n\n Moreover, union employees are protected by the National Labor Relations Act (NLRA)<\/a>. As such, they can help each other by:<\/p>\n\n\n\n Bracken adds the following:<\/p>\n\n\n\n \u201cThrough a CBA, a union is able to bargain on behalf of employees for working conditions that are better than provided by law. As a result, a CBA may provide greater protection than the FLSA by limiting the number of hours or overtime covered employees can work. Or a CBA may allow some employees the right to refuse mandatory overtime or to be offered overtime work first \u2014 usually based on seniority.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n Elkins also agrees with Tatko regarding union agreements:<\/p>\n\n\n\n \u201cEmployees subject to a collective bargaining agreement (CBA) will need to look at the terms of the CBA. Every CBA is different but most of them govern discipline and hours of work.”<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n An employer can choose to fire at-will employees for refusing to work overtime \u2014 as long as the reason for doing so is legal. <\/p>\n\n\n\n However, if they fire the employee based on discrimination or retaliation, it\u2019s considered illegal. Here\u2019s what Michael Elkins says about this:<\/p>\n\n\n\n \u201cIf an employer is forcing overtime as some sort of adverse action against an employee based on the fact that the employee is part of a protected class, and is not doing so to employees outside the protected class, then there may be an issue.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n The federal Equal Employment Opportunity (EEO) laws<\/a> protect members of protected classes (groups of people who are protected against employment discrimination based on their status such as age, gender, pregnancy, race, religion, etc.). Such discrimination includes any unfavorable action against an employee for their membership in a protected class (discrimination in layoffs, terminating, job assignments, raises, religious beliefs, promotions, etc.)<\/p>\n\n\n\n So, for example, if an employee works under collective bargaining agreement or a union contract, it may be discriminatory to terminate them for refusing to work mandatory overtime. Furthermore, an employee can also refuse to work overtime during religious holidays. In such cases, the employer must make sure to prevent religious discrimination by reasonably accommodating the employee\u2019s time off request<\/a>. Therefore, the employee can file a claim with an employment or wage and hour lawyer.<\/p>\n\n\n\n \ud83d\udca1Clockify Pro Tip<\/strong><\/p>\n\n\n\n Did you know that there are 11 federally-recognized paid holidays each year? Check if you\u2019re entitled to these paid holidays below:<\/p>\n\n\n\n The short answer is YES<\/strong>. Under the FLSA, your employer can request that you put in extra hours and can even create your work schedule without prior approval.To learn more about forced overtime, we got in touch with Ben Michael<\/a>, an attorney at Michael & Associates. Here\u2019s what he says about the legality of this matter:<\/p>\n\n\n\n \u201cYes, mandatory overtime is legal. However, the law specifically requires employers to offer overtime pay to workers who are forced to work overtime, but it allows for the practice, including allowing employers to fire employees who won’t work mandated overtime.\u201d<\/em><\/p>\n<\/div>\n<\/div>\n\n\n\n\n
When is mandatory overtime legal?<\/h2>\n\n\n\n
\n
![\"David](\"https:\/\/clockify.me\/blog\/wp-content\/uploads\/2023\/04\/David-Reischer-Employment-Attorney-at-LegalAdvice.jpg\")
<\/figure>\n<\/div>\n\n\n\n![\"Michael](\"https:\/\/clockify.me\/blog\/wp-content\/uploads\/2023\/04\/Michael-Elkins-Founder-of-labor-and-employment-law-firm-MLE-Law.jpg\")
<\/figure>\n<\/div>\n\n\n\n![\"Travis](\"https:\/\/clockify.me\/blog\/wp-content\/uploads\/2023\/04\/Travis-Tatko-Employment-law-partner-at-Capell-Barnett-Matalon-Schoenfeld-LLP-630x630.jpg\")
<\/figure>\n<\/div>\n\n\n\nIs mandatory overtime legal in California?<\/h3>\n\n\n\n
![\"Lorrie](\"https:\/\/clockify.me\/blog\/wp-content\/uploads\/2023\/04\/Lorrie-Walker-Employment-attorney-at-Walker-Law-630x630.jpeg\")
<\/figure>\n<\/div>\n\n\n\n<\/figure>\n<\/div>\n\n\n\n\n
Why is mandatory overtime (almost always) legal?<\/h3>\n\n\n\n
<\/figure>\n<\/div>\n\n\n\nWhen is mandatory overtime not legal?<\/h2>\n\n\n\n
If mandatory overtime puts you at risk of injury or violates safety standards, you\u2019re protected from it<\/h3>\n\n\n\n
![\"Richard](\"https:\/\/clockify.me\/blog\/wp-content\/uploads\/2023\/04\/Richard-Dreitzer-Fennemore-Craig-3.jpg\")
<\/figure>\n<\/div>\n\n\n\n![\"Douglas](\"https:\/\/clockify.me\/blog\/wp-content\/uploads\/2023\/04\/Douglas-Bracken-Employment-law-attorney.jpeg\")
<\/figure>\n<\/div>\n\n\n\n<\/figure>\n<\/div>\n\n\n\n\n
If mandatory overtime violates the rules regarding overtime pay, you\u2019re allowed to refuse it<\/h3>\n\n\n\n
\n
\n
If you have a family emergency, you can refuse to work extra hours<\/h3>\n\n\n\n
\n
<\/figure>\n<\/div>\n\n\n\n\n
<\/figure>\n<\/div>\n\n\n\n\n
If you have a disability, you may also choose not to work overtime<\/h3>\n\n\n\n
<\/figure>\n<\/div>\n\n\n\n<\/figure>\n<\/div>\n\n\n\n\n
If mandatory overtime breaches a union contract, you can reject it <\/h3>\n\n\n\n
\n
<\/figure>\n<\/div>\n\n\n\n<\/figure>\n<\/div>\n\n\n\n\n
<\/figure>\n<\/div>\n\n\n\n<\/figure>\n<\/div>\n\n\n\nIf mandatory overtime discriminates against employees, it\u2019s considered illegal<\/h3>\n\n\n\n
<\/figure>\n<\/div>\n\n\n\n\n
When is mandatory overtime not legal<\/th> Explanation<\/th><\/tr><\/thead>
If mandatory overtime puts you at risk of injury or violates safety standards<\/td>The employer should not require overtime work, if the conditions under which an employee works overtime create health and safety risks.<\/td><\/tr> If mandatory overtime violates the rules regarding overtime pay<\/td> Employees working overtime should receive 1.5 times their regular hourly pay for all overtime hours.<\/td><\/tr>
If you have a family emergency protected by the Family and Medical Leave Act (FMLA)<\/td>Employees are entitled to 12 weeks of unpaid leave to deal with family emergencies (such as adoption, pregnancy, serious personal illness, etc.).<\/td><\/tr>
If you have a disability protected by the Americans With Disabilities Act (ADA)<\/td>Employers must reasonably accommodate the working conditions so that employees can work flawlessly despite their disability (e.g. changes to the employee\u2019s mandatory overtime schedule).<\/td><\/tr> If you’re employed under a Collective Bargaining Agreement (CBA)<\/td> The contract should clearly specify the limit on the number of working hours per week and whether mandatory overtime is permitted.<\/td><\/tr>
If mandatory overtime discriminates against members of a protected class<\/td>The employer should not mandate overtime as an adverse action against an employee based on their status (such as age, gender, pregnancy, race, religion, etc.)<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n Can you be forced to work overtime?<\/h2>\n\n\n\n
![\"Ben](\"https:\/\/clockify.me\/blog\/wp-content\/uploads\/2023\/04\/Ben-Michael-Attorney-at-Michael-Associates-1-630x630.jpeg\")
<\/figure>\n<\/div>\n\n\n\n