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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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In California, what legal requirements (labor law, case law, etc..) exist which require an

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In California, what legal requirements (labor law, case law, etc..) exist which require an employer to declare overtime as a requirement of employment or of a specific job classification, as a condition toward mandating an employee be available to work outside of established working hours? Our agency also has established job classifications, which generally do not state a requirement to be available outside of working hours, but there are a few which do explicitly state this requirement, which makes me question the legal need/requirement for all positions to have this declaration if overtime is required. I am under a job classification which DOES NOT state this requirement, but management is citing a provision in the admin code that gives them a “right to assign overtime”. I need to clarify the legal requirements that apply which would trump the general admin code declaration without first declaring the requirement as a provision of the job position or classification. Also any info and source citations you can provide that define the requirements of mandated overtime, such as must be “scheduled and reoccurring” would also help. Thank you..
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your confusion.

I've handled employment law in CA for more than 2 decades, and there has never been any obligation on the part of an employer to tell an employee in advance that they may expect to be assigned work hours outside a typical work day, or that they will be expected to work overtime. No such CA code exists and no such caselaw exists, either.

There are certain exceptions to the hours which an employer may demand that an employee work---but those excepotions are related to only a limited number of occupations, and include such areas as Nursing, Handling products after harvest, drilling and mining.

The simple fact is that under bothe federal law and CA law, an employer may ask that you work any number of hours a day---so long as they abide by the overtime payment rules of the state---being time an 1/2 for more than 8 hours in a day, or more than 40 hours in a week and double pay for all hours over 12 in a day.

Any job classification that have been established by your agency which discuss expected overtime are simply done at the option of the employer--and it is not mandatory.

While the following link leads to a comprehensive regulation regarding work hours and conditions, because it applies to so many occupations, I will give you the link. It might prove informative for you:

http://www.dir.ca.gov/Iwc/IWCArticle4.pdf


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Doug

Customer: replied 2 years ago.

 

I understand the information that you have provided, what options are there given that the employer has set a president by stating the requirement for some positions but not others? Are there any provisions which might apply that would make a case for requiring them to also have similar amendments added to other position classifications before mandating/ does it have merit in discrimination if applied to some employees but not others as is currently the case? Thanks..

Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry, but while I follow your thinking, that if the employer has listed some jobs as overtime mandatory, that the employer must do the same for each position that might entail overtime, this is not the sort of thing that can be legally enforced, or for which there are present laws requiring such notice.

The law simply does not mandate that an employer classify jobs in that manner---so the employer voluntarily classifying some of them will just not result in any corresponding legal obligation to do that for all job descriptions.

I already did consider a discrimination view of your situation---but under the laws of CA and the feds, unless you can show that the discriminatory effect is based on a person's Ethnicity, Color, Religion, National Origin, Age, Sex, or Disability, then you just don't have unlawful discrimination---something that you would have a legal remedy for.

I'm sorry, I understand, and empathize, with your situation, but as CA is far and above the state with the greatest amount of pro-employee laws and regulations, if any state had such a requirement---it would be CA.

The law only mandates, that for the vast majority of occupations, the employer may demand overtime of any employee, without prior notice of that possibility---so long as the overtime wage laws are abided by. And for employees who are salary exempt---they can be ordered to work more than 8 hours in a day and more than 40 in a week without any overtime pay.

I wish you the best in 2011.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug



LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
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