Legal Question in Employment Law in California

Adding hours, is retalition legal?

I work in a restaurant as a server, at times my employer tells me at the end of my shift that I can't leave and must continue working. If I do not stay they alter my schedule for the following week in an unfavorable manor in retaliation and say that I obviously don't want to work. And/or they say that they will have to hire someone else to work my entire shifts. Is this legal? I wasn't told of this at the onset of employment. Shouldn't they need to give me more than 5-10 minutes notice, and also not be able of retaliating if I don't remain for an undisclosed amount of time.


Asked on 3/25/05, 7:34 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Adding hours, is retalition legal?

Yes, an employer can require that employees work extra hours, as needed. There isn't any law that says they have to give you advance notice. Of course, they must pay you for the extra time, and if you are working more than 8 hours a day or 40 hours a week, it must be at the overtime rate. They also are required to provide rest and meal breaks.

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Answered on 3/31/05, 11:41 am


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