If my employer wants me to all of a sudden stay late on overtime, do I have to stay or is it required to have 24 hours notice?

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If my employer wants me to all of a sudden stay late on overtime, do I have to stay or is it required to have 24 hours notice?

I have an appointment after work but my boss is requiring overtime with 1 hour left in my shift. Don’t I have to have a 2 hour notice before overtime is mandatory?

Asked on August 3, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, no notice is required for overtime--an employer could tap you on the shoulder as you're walking to your car, or call you on the cell phone as you're driving home, for example, to tell you that you have to work overtime. Their only obligation is to pay hourly employees for all hours worked, including at the overtime rate (time-and-a-half) as applicable (e.g. when working more than 40 hours in a week).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, no notice is required for overtime--an employer could tap you on the shoulder as you're walking to your car, or call you on the cell phone as you're driving home, for example, to tell you that you have to work overtime. Their only obligation is to pay hourly employees for all hours worked, including at the overtime rate (time-and-a-half) as applicable (e.g. when working more than 40 hours in a week).


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