Mandatory Overtime

[daddenied]

What is the name of your state? CA

My friend works for Citigroup and wonders if there is MANDATORY OT in the state of California. Where do I find the law on this?

 

[magic55]

Yes there is he can be compensated by being payed 1.5 hours per hour or in time off as well. Here is the Califronia Labor Code:

204.3. (a) An employee may receive, in lieu of overtime
compensation, compensating time off at a rate of not less than one
and one-half hours for each hour of employment for which overtime
compensation is required by law. If an hour of employment would
otherwise be compensable at a rate of more than one and one-half
times the employee's regular rate of compensation, then the employee
may receive compensating time off commensurate with the higher rate.

If he thinks he is being screwed over he can file a complain see link below. I doubt though that business such as Citigroup would cheat on paying overtime.

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

 

[rmet4nzkx]

What is the name of your state? CA

My friend works for Citigroup and wonders if there is MANDATORY OT in the state of California. Where do I find the law on this?

Is your friend management or non management?

 

[cbg]

Doesn't matter whether he's management or non-management. It doesn't even matter if he's exempt or non-exempt. (the two are not synonymous) With very few industry specific exceptions, mandatory overtime is legal in all 50 states for non-exempt employees and exempt employees are expected to work whatever hours it takes to get the job done.

 

[pattytx]

However, magic55, what you cited is only applicable in the same workweek.

 

[daddenied]

Yes there is he can be compensated by being payed 1.5 hours per hour or in time off as well. Here is the Califronia Labor Code:



If he thinks he is being screwed over he can file a complain see link below. I doubt though that business such as Citigroup would cheat on paying overtime.

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Actually she is a single mother, one of several who work at Citigroup in LA. Her question came about when her manager announced mandatory OT 20 minutes before her overnight shift was done at 6:30am. She wants to know because she cannot make any arrangements for someone else to take kids to school, could Citigroup fire her if they wanted? CA is an at will employment state, but she and I are unsure of what that really means? And, by no means is Citigroup NOT paying the OT wage, but if it is possible for CA to mandate OT like this, is there a limit to how many hours and how much advance notice must be given? I guess she should read your link huh?

I'll pass it on to her.

 

[daddenied]

Is your friend management or non management?

Hi Miss Met.

She is a non-management hourly employee and works with my GF. See my questions to first reply.

DD

 

[daddenied]

Doesn't matter whether he's management or non-management. It doesn't even matter if he's exempt or non-exempt. (the two are not synonymous) With very few industry specific exceptions, mandatory overtime is legal in all 50 states for non-exempt employees and exempt employees are expected to work whatever hours it takes to get the job done.

Is it in writing somewhere we can access?

 

[cbg]

It's called the Fair Labor Standards Act and is the primary law regulating employee wages in this country. Type that into your favorite search engine and you'll find more hits than you can look at.

In answer to your other questions; yes, Citigroup could fire her for not working the 20 minutes mandatory overtime, and it doesn't matter whether she is management, non-management, exempt, non-exempt, full time, part time, temporary, or what have you. ANY employee, unless they have a bona fide contract that specifically says otherwise, is required to work the hours the employer says, period. I don't mean this as harshly as it will sound, but her child care issues are not her employer's problem. With a very few industry specific exceptions that do not apply here, mandatory overtime is legal in all 50 states and no state requires any particular amount of notice. They can tell you that you have to work overtime when you're in the middle of putting on your coat to go home, and your option is to take off your coat and sit back down at your station. There is no limit to the number of hours that can be required but CA law says that an employer cannot discipline or fire an employee for refusing to work more than 72 hours in a week.

At will employment means that you can quit at any time and for any reason, and you can be fired at any time and for any reason that does not violate the law. The only state that does not recognize the at-will doctrine is Montana, and even Montana does in some circumstances.

 

[Rose]

For Clarity Only

Not that it matters a great deal, but she wasn't asked to work 20 minutes of OT (which makes it sound a bit petty), but she was asked to work OT 20 minutes before quitting time.

"Her question came about when her manager announced mandatory OT 20 minutes before her overnight shift was done at 6:30am."

 

[daddenied]

Not that it matters a great deal, but she wasn't asked to work 20 minutes of OT (which makes it sound a bit petty), but she was asked to work OT 20 minutes before quitting time.

"Her question came about when her manager announced mandatory OT 20 minutes before her overnight shift was done at 6:30am."

That's correct. And, the next day, it was 5 minutes prior to quitting time, BUT since the questions has now been answered that her supervisor can tell her when she is putting her coat on, I can relay the message. Wow! That just doesn't seem right.

Thank you!

 

[daddenied]

It's called the Fair Labor Standards Act and is the primary law regulating employee wages in this country. Type that into your favorite search engine and you'll find more hits than you can look at.

There is no limit to the number of hours that can be required but CA law says that an employer cannot discipline or fire an employee for refusing to work more than 72 hours in a week.

At will employment means that you can quit at any time and for any reason, and you can be fired at any time and for any reason that does not violate the law. The only state that does not recognize the at-will doctrine is Montana, and even Montana does in some circumstances.

I bolded the statement above and wonder if that means, an employer can say at 6:30am (quitting time) that mandatory OT of another 8 or 10 or 12 hours is in effect ata that time of day. It doesn't sound right that an employer in CA can require as many hours with the limit only set on the 72 hours during a week. Does my question make sense? Maybe this makes more sense...(i.e. Friend works from 10p-6:30a and asked to stay another 10 hours making her entire work day 18 hours. The next day is the same and she has reached 36 hours now. Does that mean this is legal as long as she is not required to work more than 36 hours in the next 3 working days?)

Thank you for all your other replies. They've pretty much answered all her questions.

 

[cbg]

Sorry I misunderstood about the 20 minutes.

I bolded the statement above and wonder if that means, an employer can say at 6:30am (quitting time) that mandatory OT of another 8 or 10 or 12 hours is in effect ata that time of day.

Yes, that is what it means. In all 50 states. CA is by no means alone in allowing mandatory overtime or not requiring any specific notice period.

Does that mean this is legal as long as she is not required to work more than 36 hours in the next 3 working days?)

Not quite. CA law does not say that the emploeyr cannot ask her to work more than 72 hours. It says if she refuses to work more than 72 hours, they can't fire her or discipline her. They can ASK her to work 168 hours a week if they want, and if she's willing to work the additional hours she can. CA law only says that if she has already worked 72 hours in a workweek, she can refuse to work any more without penalty.