Legal Question in Employment Law in California

Forced to work weekends/holidays without pay

I am a salary + commission sales representative for a major, publicly-owned consumer electronics company and I am often required to work weekends and holidays at dealer locations without any form of compensation, be it salary or overtime pay. If I decline to work weekends, can my company terminate my employment? (Weekend/overtime requirements do not appear in my job description, nor was this ever brought to my attention during my interview.)


Asked on 5/24/06, 11:00 am

1 Answer from Attorneys

Alden Knisbacher knisbacher law offices

Re: Forced to work weekends/holidays without pay

Depending on the nature of your job, you might be entitled to overtime pay for those hours worked. You are likely exempt if more than half your day is spent selling (as opposed to stocking shelves, taking inventory, answering phones or other takss) more than 50% of your salary is received from commission pay, and the commission is based on a percentage of the sales price.

You should check with an attorney to review the specific facts of your case.

As to the question of forcing you to work those hours, the answer is that the employer might be able to force you to do that, as long as the above test for exemption applies to you, and you do not have a physical or mental condition which prevents you from doing that work. (In that case, you would ask the employer for a reasonable accommodation for the condition.)

Again, the specific facts of your case need to be looked at by an attorney before your question can be answered.

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Answered on 5/31/06, 4:01 pm


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