Legal Question in Administrative Law in California

Re: using overtime as punishment at work

Sounds like a violation of both State and Federal overtime laws. While an employer can suspend you without pay as a means of discipline, overtime is protected. Depending on your schedule, the overtime may be caluculated by the week rather than the day. Without knowing more specifics, it is difficult to say with certainty. Hold on to the memo, that is important evidence of the employers potential violation of the law on overtime.

Re: using overtime as punishment at work

What you don't say is whether you were paid at overtime rates (usually time-and-a-half) for the disciplinary overtime.

If you weren't, that's illegal.

If you were paid at overtime rates, I can't say that obliging you to work that overtime was illegal or otherwise improper. Requiring or denying overtime on a discriminatory basis, i.e. because of your age, sex, race, religion, etc. would be illegal, but as discipline, probably not illegal based on somewhat limited research.

I should point out that the cases I saw regarding overtime and discrimination showed that employees sued because they were not allowed to work overtime on the basis of race, rather than the other way around. In other words, employees generally regard overtime work as a golden opportunity, not as punishment (up to a point, at least), because they want that time-and-a-half pay.