Forced time off?

Can I be asked to take time off from my normal week’s schedule, for performing
duties for a corporate client on a weekend even though that time will be billed
back to the client anyway, and thus lose my overtime?

Asked on October 3, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, this is legal. Your employer controls the hours you work. An employer can restrict overtime by the simple expedient of if you work more hours at one point during the week, by having you work less hours at some other point during that week, so that overall, you work 40 hours or less. Since the employer determines your schedule and when you work, they can do this.
That said, CA also provides overtime when you work more than 8 hours in a single day, so you would get that overtime if you did so, even if you failed to work more than 40 hours in the week.


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