Hourly Employees Can’t Refuse to Work Overtime

Q At my company, hourly employees have been working 24 to 40 hours of overtime every week. They tell us this is required and if we do not work these hours we will be terminated because the company must meet the production requirements set by the customer.

Is there a labor law that says after 40 hours of overtime the employee can decide if he or she wants to continue to work the overtime?

--R.B., Upland

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A There is no state or federal law giving employees a right to refuse to work overtime.

Unless you are covered by a union contract that permits you to refuse to work overtime--like some commercial airline pilots--you can be fired for insubordination for refusing to work beyond your scheduled shift. This is true even if you are being asked to work more than 40 hours of overtime in a single week.

While it may be small consolation, as an hourly employee you are probably entitled to overtime premiums of time and a half after eight hours in a workday or 40 hours in a workweek. If you work more than 12 hours, you probably are entitled to double time.

The rare exception would be if you work in an industry or occupation that is exempt from these overtime requirements. For example, some government or agricultural employees, professional actors, personal attendants, software professionals and advance practice nurses are exempt from California overtime requirements, even if they are paid by the hour.

To determine whether you are covered by such an exemption, you can check Section 1 of the California Wage Order, which should be posted on your employer’s bulletin board, or call the nearest office of the California Division of Labor Standards Enforcement.

--Joseph L. Paller Jr.

Union, employee attorney

Gilbert & Sackman