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Common Dilemma: Unpaid Overtime and Unrealistic Work Expectations 

8/19/2015

 
overtime-hard-worker
Here is a common question from a non-exempt / hourly employee: "I was told by my boss not to work overtime, but it's impossible for me to complete all my work in 8 hours, and I have to stay for at least 1-2 hours longer in order to keep up with my workload. However, I am not being compensated. How should I handle this situation?" 

This is not an easy question, and generally you have three choices, none of which are prefect but they are to be considered: 

1. You put your employer on formal notice of having to work overtime and then you file a claim with DLSE for unpaid overtime. The obvious risk is that the employer will retaliate and fire you for filing that claim. Even though this would be illegal, your employer can still choose to terminate you and then deal with the legal consequences of that termination later. 

2. You comply with your employer's instructions not to work overtime and leave after 8 hours of work, no matter how far behind you are on your work on that day. The risk here, of course, is being disciplined and fired for insufficient performance. Arguing that you weren't given an opportunity and enough time to finish work will not make this type of termination illegal, if you are an at will employee, because the employee is entitle to their subjective view and expectations of how they want their employees to perform.    


3. You tolerate the situation for the time being and/or complaining to HR or higher management about the issue, and you ask them for help with your schedule and compensation. Again, there is a retaliation risk here, but it's probably lower than going straight to filing a wage claim with DLSE.


If you are facing this type of situation, you should consult with an experienced employment attorney to discuss which legal options is best of you, and whether there are other (creative) ways of handling it.  


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case