Legal Question in Employment Law in California

Can employer pre schedule overtime to employee withaut asking him if he is available before or after his shift hours? Where I can learn if such a law exists?


Asked on 1/22/14, 8:33 am

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

If the employee is at-will, then the answer is "yes." The employer can change an employee's shift at will, and include overtime in the shift. The employee's consent is not required.

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Answered on 1/22/14, 9:15 am

There is no law that specifically says they can or they can't. What the law says is that unless you have a personal or union contract to the contrary, you are at-will and therefore can be fired for refusing the overtime, and you are free to quit if you don't want the overtime. In either case, however, you would either be a voluntary quit, or a termination for cause, both of which disqualify you for unemployment.

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Answered on 1/22/14, 11:27 am


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