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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Can an employer REQUIRE you to work 10.5 hours a day 6 days

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Can an employer REQUIRE you to work 10.5 hours a day 6 days a week if you are salary in California?
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. If you are being ordered to work that may hours in a week, I truly empathize with the unfair advantage that the employee it trying to take.

Under CA law, while the CA Labor Code does not set a maximum number of hours that an employer may demand than a salary exempt employee work in a given work week, under the code, CA employees cannot be disciplined or terminated for refusing to work more than 72 hours in a week—even though the law does not limit the work-week to 72 hours.

I'm sorry to have to say though, that if you are salary exempt and being asked to work 63 hours a week, that is legal under the laws of CA and you do not have a legal ability to refuse to work that many hours without risk to your employment.

I wish you the best in 2013.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

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