Legal Question in Employment Law in California
forced to work on day off
I'm an hourly employee. I was asked for the second time within the past 2 months to work on my only day off in a 7 day work week. The first time I was given another day off in the week by my manager. This second time I was told by my manger's supervisor to work on my only day off and was not given a day off in the same week. I was first asked to work only 3 hours that day and the supervisor then called and asked me to work a full shift stating that in a couple months that those who give their all will be rewarded and that this will show that I want a promotion. I personally took it to mean that if I didnt come in that nite that I wouldnt get a raise or a promotion. Is this harassment and can I do anything legally?
1 Answer from Attorneys
Re: forced to work on day off
It is not harassment. An employer can use any non-discriminatory factor to determine wage increases or promotions. Requesting an employee to work overtime when needed in not discriminatory. You are entitled to premium pay for work on the 7th consecutive day in a work week.