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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have worked for Kaiser Permanente Hospital and now Medical

Resolved Question:

I have worked for Kaiser Permanente Hospital and now Medical Center in California for 30 years. I have always received great yearly evaluations. In the past 2 years the patient care workload has increased. Now that the management team have assessed this and other Kaiser facilities, they agree that our facility in Bellflower immediately needs at least 2 more full time employees. Because the workload is so great, we work ovetime on a daily basis, even coming in to work on our days off. I informed one of the Assistant Department Administrators that I am tired of working overtime after 2 years and want to spend more time with my family. I lessened my overtime, my workload began to back up then I received a written write up and was informed that I could be terminated. I immediately began to work overtime again to catch up. I was notified by this same ADA that I will be monitored monthly. What are my employee rites?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  Tina replied 6 years ago.

I am sorry to hear of your difficult situation and am working on your answer now.

Do you have an employment contact?

How many hours are you required to work per week?

Customer: replied 6 years ago.

My contract says 40 hours per week, verbally issued when I went from 5 days per week @ 8 hours per day to 10 hours per day @ 4 days per week.

Expert:  Tina replied 6 years ago.
I see.

This does not appear to be unlawful since there is no discrimination involved and the employer has not retaliated against you for asserting a protected right or breached your contract.

If you had a disability as defined by the ADA and required a reasonable accommodation, your overtime could be limited under that law if you had a physician's note. If you do not, then the employer's actions appear to be lawful.

Good luck and take care.



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Customer: replied 6 years ago.
So you are saying that even though I am being paid for the overtime, the employer can mandate me to work as many hours an they want and I don't have a recourse unless I leave my position?
Expert:  Tina replied 6 years ago.
Neither state nor federal law typically regulates the number of hours employees may work. As long as they comply with overtime wage laws, then the mandatory overtime is normally permitted.

I'm sorry.

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