California Sample Letter for Denial of Overtime
Description
How to fill out Sample Letter For Denial Of Overtime?
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FAQ
Because employers are not prohibited from penalizing their employees if they refuse to work overtime, they do have the right to fire them. Firing an employee because they won't work overtime is not considered discrimination.
If an employer never provides meal or rest breaks, California labor law empowers employees to collect a total of 2-days' worth of wages for every workday for the past 3 years.
Three years for claims related to minimum wage, overtime pay, rest and meal breaks, sick leave, illegal deductions from paychecks, or unpaid reimbursement for business expenses. Four years for a written contract for work.
"Yes," your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
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."
If your employer didn't count or pay you for overtime hours, you would be entitled to time and a half one and a half times your usual hourly rate for every overtime hour worked, as part of your back pay award.
The statute of limitations for California wage and hour lawsuits is three (3) years from the date when the most recent violation has occurred.
Yes, employers in California may compel their employees to work overtime. In most cases, employers can also discipline, demote, or fire employees who refuse to work the extra hours. No notice is required before an employer may change an employee's schedule or require overtime.
Yes, California's state laws are more favorable to workers than federal laws dealing with overtime. The federal Fair Labor Standards Act (FLSA) requires overtime pay for all hours worked by a non-exempt employee in excess of a 40-hour workweek. Overtime pay is one-and-one-half times the worker's regular rate of pay.
Although California Labor Code section 204 does not expressly provide for civil penalties, penalties can be obtained under California's Private Attorneys General Act which provides for a $100 per employee per pay period for the initial violation, and $200 per employee for subsequent pay periods, plus reasonable
