Can my boss make me work without pay?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my boss make me work without pay?

My boss is mandating a staff development on a Saturday without pay. However, we are to be cleaning and organizing our classrooms. It is clearly work-related. Can they still make me come in if I’m not getting paid?

Asked on May 12, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are an hourly employee, you must be paid for all hours worked--including for staff development or meetings, since both are work when mandated by the employer, and including when such occurs on a weekend (or otherwise not during normal work hours), and also including required preparatory or cleaning time. So if you are paid on an hourly basis, you should be paid for this (and be paid overtime for the week, if you end up working more than 40 hours).

If you are instead paid on an annual salary basis, however, there is no need to provide you additional pay for working on a weekend--your salary covers all your work, including sometimes when you work slightly less (e.g. have a half day due to a pending holiday or conferences) and also when you work slightly more (e.g. a Saturday staff development).

The above said, if your job is governed by a contract, check the contract to see what it says--employment and union contracts are enforceable, including what they say about weekend work, additional compensation, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption