Can My Employer Force Me to Work Overtime?

March 25, 2025

Overtime is a common issue for many workers, especially when employers expect employees to work beyond their regular hours. In California, employers can require overtime, but they must follow strict labor laws that protect workers from excessive hours and ensure proper compensation. If your employer is forcing you to work overtime without paying correctly or violating labor laws, you may have legal options.

Is It Legal for Employers to Require Overtime?

California law allows employers to require employees to work overtime as long as they follow state wage and hour regulations. Employers can mandate overtime, but they must compensate employees at the correct overtime rate. Employees generally cannot refuse overtime unless they have a valid legal reason, such as a disability accommodation or union agreement limiting excessive work hours.

How Overtime Pay Works in California

California law requires employers to pay overtime when an employee works more than eight hours in a day or more than forty hours in a week. The overtime rate is time-and-a-half for extra hours worked beyond these limits. If an employee works more than twelve hours in a single day, they must be paid double time.

Working on the seventh consecutive workday in a week also requires overtime pay. Employees must be paid time-and-a-half for the first eight hours and double time for any additional hours worked that day.

Can an Employer Force Unpaid Overtime?

Employers cannot legally require employees to work overtime without proper compensation. If an employer mandates overtime but does not pay the required overtime wages, they are violating California labor laws. This is considered wage theft, and employees have the right to file a claim to recover their unpaid wages.

Employers also cannot pressure employees to work off-the-clock by requiring them to complete tasks before or after their scheduled shifts without pay. Any work performed, whether during regular hours or overtime, must be compensated.

Are There Any Exemptions from Overtime Pay?

Some employees are not eligible for overtime due to their job classification. Salaried employees who meet specific legal requirements under California labor laws may be exempt from overtime pay. However, being salaried does not automatically mean an employee is exempt.

Misclassification is a common issue where employers wrongfully label employees as exempt to avoid paying overtime. Employees should verify whether their job duties and salary meet California’s exemption requirements. If an employer incorrectly classifies an employee to deny overtime, the worker may be entitled to back pay and penalties.

What to Do If Your Employer Is Violating Overtime Laws

If your employer is forcing you to work overtime but is not following California’s labor laws, you have options to protect your rights.

The first step is to document your work hours and pay stubs to track unpaid overtime. If you believe your employer is violating overtime laws, you can reach out to an employment lawyer or file a wage claim with the California Labor Commissioner’s Office. The agency investigates wage violations and can order employers to pay back wages and penalties.

If an employer retaliates against an employee for refusing illegal unpaid overtime or filing a complaint, the employee may also have a wrongful termination or retaliation claim. California law prohibits employers from punishing workers for asserting their rights.