Although California employers can require employees to work overtime, there are some limitations found in certain wage orders (check "Section 3. Hours and Days of Work" in relevant California Industrial Wage Order(s)). Union employers must also refer to their collective bargaining agreement.
Unless there is a collective bargaining agreement to the contrary, employers can require their employees to work overtime (within any wage order limitations) provided employees are paid the appropriate overtime rate. According to the California Department of Industrial Relations, "an employer may dictate the employee's work schedule and hours. Additionally, under most circumstances the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime."
There is no specific amount of notice required in California before changing an employee's schedule or requiring overtime, though providing as much advanced notice as possible will allow employees to rearrange their personal commitments and/or find appropriate care for their dependents for the additional hours or days of work.
Below are several California wage order limitations on requiring overtime:
- Industrial Wage Order 13 (industries preparing agricultural products for market, on the farm) allows employers to require employees to work up to 72 hours per workweek. All work beyond 72 hours per week must be worked voluntarily, with no negative employment actions taken if the employee refuses to work.
- Industrial Wage Order 4 (professional, technical, clerical, mechanical and similar occupations) and Wage Order 16 (certain onsite occupations in the construction, drilling, logging and mining industries) allow employers to require employees to work up to 72 hours per workweek. Additional overtime can be required in an emergency, defined in the wage orders as "an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action."
- Industrial Wage Order 3 (canning, freezing and preserving industry) and Wage Order 8 (industries handling products after harvest) allow employers to require employees to work up to 72 hours in a workweek, followed by a mandatory 24-hour period off duty. Wage Order 8 allows for specific exclusions from the 24-hour off-duty period found in section 3(2) of the order.
For more on California overtime laws see, What are the California rules on overtime?
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