Can You Be Fired for Refusing to Work Overtime in California?
April 16, 2025
California Overtime Laws: Can You Refuse to Work Overtime?
You're not alone if you've ever been asked to stay late after your shift or come in on your day off. Overtime is a common part of many jobs, but what happens if you say no? Can your employer fire you for refusing to work overtime in California?
The short answer? Yes, but there are a few exceptions that could apply to you.
Let’s break down what the law says and what your rights are as an employee in California.
California Is an At-Will Employment State
First things first: California follows the at-will employment rule. That means your employer can fire you for almost any reason, or no reason at all—unless it’s illegal (like firing you because of your race, gender, religion, disability, or for engaging in protected activity).
So, can your boss fire you just because you refused to work overtime? In most cases, yes. But context matters.
When Refusing to Work Overtime Can Get You Fired
Under California labor law, employer’s are allowed to schedule employees to work overtime. If you refuse, they can discipline or even fire you, if you don’t have a legal or contractual reason to decline.
According to the California Department of Industrial Relations (DIR):
“An employer may discipline or terminate an employee who refuses to work scheduled overtime.”
This applies even if you’ve already worked a full day or a full week. As long as you are paid correctly for the overtime work and the scheduled overtime is not excessive, you cannot refuse to work overtime without a legitimate reason.
When Refusing Overtime Might Be Protected
Here’s where it gets more nuanced. There are situations where you might have a right to say no without risking your job:
- You’re Covered by a Union Contract: If you’re in a union or have an employment contract that limits how much overtime you can be required to work, your employer must follow those terms. Check your collective bargaining agreement (CBA) or employment contract.
- Overtime Poses a Health or Safety Risk: If excessive overtime would create a dangerous situation, like working with heavy machinery while exhausted, you may have the right to refuse under Cal/OSHA safety laws. You also have the right to report unsafe conditions without retaliation.
- Medical or Disability-Related Reasons: If you have a medical condition that limits how long you can work, and it's recognized under the Americans with Disabilities Act (ADA) or California’s Fair Employment and Housing Act (FEHA), you may be able to request a reasonable accommodation, like avoiding overtime. If your employer fires you for requesting this, it could be considered disability discrimination.
- Religious Beliefs: If overtime conflicts with your sincerely held religious beliefs (e.g., working on the Sabbath), you can request a religious accommodation. Employers must reasonably accommodate religious practices unless it creates an undue hardship.
Exempt vs. Non-Exempt Employees: Know the Difference
Not all employees are treated the same under overtime laws:
- Non-exempt employees (usually hourly workers) are entitled to overtime pay:
- 1.5x pay after 8 hours/day or 40 hours/week
- 2x pay after 12 hours/day or 7 days in a row
- Exempt employees (like some salaried professionals and managers) aren’t entitled to overtime pay and are often expected to work longer hours.
If you're a non-exempt employee and refusing paid overtime, your employer may view this as you refusing to fulfill your job duties. If you're an exempt employee, your options may be limited, but it’s still worth discussing with HR or an employment lawyer.
What You Can Do If You're Being Pressured to Work Overtime
Here are some practical steps to protect yourself:
- Review your employee handbook: Some companies have specific policies about overtime and scheduling.
- Talk to HR or your supervisor: If you have a legitimate reason for refusing, explain it professionally and in writing.
- Document everything: If you’re fired or disciplined, having a paper trail helps protect you legally.
Consult an employment attorney: If you feel your rights are being violated (especially if discrimination, retaliation, or a protected reason is involved), talking to a lawyer can make all the difference.
The Bottom Line
Yes, you can be fired for refusing to work overtime in California, but there are exceptions. If you’re protected by a union contract, health and safety rules, or discrimination laws, you may have legal grounds to say no without fear of being disciplined or terminated.
Think you were wrongfully fired or punished for refusing overtime? Contact the team at Lawyers for Employee and Consumer Rights today. Our experienced employment lawyers can help you!
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