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Forced Overtime

Under federal law, employers are generally allowed to require their employees to work as many hours as they wish. However, the Fair Labor Standards Act (FLSA) requires that, for some jobs, any employee who is required to work more than 40 hours a week be paid time and a half (their regular hourly wage plus 50%).

Accordingly, mandatory overtime (sometimes called “forced overtime”) is generally legal, at least under federal law.

A very small number of states (including California) have placed some limits on forced overtime. In California, employees may refuse forced overtime without penalty if they have worked at least 72 hours during the past workweek. However, nothing stops an employee, who is willing, from working as many hours of overtime as he or she wishes. Just like under federal law, and most other states, an employee in CA who is required to work more than 8 hours in a day (as opposed to 40 hours in a week) must be paid extra for every hour above the limit that they work.

Under federal law, and in almost every other state, there is no limit to how much overtime an employer can require of an employee, as long as the employee is paid in accordance with the law, and the mandatory overtime does not create a safety risk.

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