Legal Question in Employment Law in California

Can an employer mandate that employees complete unpaid community service work during their personal time to keep their jobs?


Asked on 1/09/12, 12:13 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Many law firms do it regularly to their attorneys, as it is a known 'voluntary requirement' of the job. But employers can not 'force' you to do so. Understand that legally speaking, since the employer is not requiring you to perform company 'work' and job duties without pay, it is not a violation of the Labor Code. However, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. Any employee's goal should be to keep their supervisors happy and make them look good to the company. If you don't, then don't be surprised to be replaced.

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Answered on 1/09/12, 1:30 pm

If they are exempt, almost certainly yes. Employee attorneys, for example, can be required to do a certain amount of pro bono work. Probably not for non-exempt employees, although demonstrating commitment to community service in some form can probably be a consideration in hiring and promotions, particularly promotion to an exempt position that would require community service.

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Answered on 1/09/12, 1:39 pm


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