Some workers are eager to put in overtime. They want to optimize their income and are happy to sacrifice time off for additional pay. Others desperately want to spend time with their families or take care of personal matters.
It can be difficult to achieve those goals if a professional has to work seven days in a row without a single day off to rest. Can employers demand that employees give up their weekends or days off to put in overtime?
Mandatory overtime is legal
Companies have the right to decide when workers must be on the job and can require that they come in for an extra shift or stay well past their scheduled time to leave for the day. Employees typically have an obligation to conform to overtime requests and could be at risk of disciplinary action if they refuse.
That being said, employers do need to ensure that they don’t overwork their employees. They also need to ensure that they comply with overtime statutes. Working seven days in a row is likely to put a worker over the 40-hour limit for overtime pay.
Even if they only worked five hours per shift, they are still eligible for overtime pay on the seventh day without a break. California state law treats a seventh consecutive workday as a form of overtime. All of the seventh day is standard overtime, but workers could qualify for double-time wages for anything over the eighth hour on the seventh consecutive day.
If employers refuse to provide overtime pay despite denying workers a day of rest, employees may have grounds to take legal action. Reviewing payment and scheduling history with a skilled legal team can help hourly and non-exempt salaried employees determine if they have grounds for a wage and hour lawsuit.