At-Will Employees

• An at-will employee works without a contract and is subject to termination for any indiscretion deemed non-discriminatory. Employers of at-will employees can terminate an employee for any number of reasons including not complying with the overtime requirements of the job. If you refuse to work overtime as an at-will employee, your employer can discipline you and terminate you without fear of legal repercussion. In these circumstances, the employee must then be able to prove that he was terminated not on the basis of not fulfilling the overtime request but on the basis of discrimination because of age, gender or race.
  
  

The Fair Labor Standards Act

• The Fair Labor Standards Act (FLSA) regulates employers in both the public and private sectors in terms of wages. According to the FLSA, an employer can require overtime of non-exempt employees with little or no notice. However, these non-exempt employees must be paid time and a half for any overtime worked beyond the established 40-hour work week. Exempt employees may also qualify for overtime pay depending on their salaries and whether they are truly exempt in the eyes of the law.
  
  

Contract Employees

• Contract employees or collective bargaining units often have language in their contracts that governs overtime allotment and overtime pay. Firefighters, policemen, television news photographers and manufacturing employees who are covered by a collective bargaining agreement often have provisions for overtime that exceeds a certain amount including double pay for quick turnaround and back-to-back shifts. If you are an at-will employee working in a field that requires a lot of overtime, you might consider finding a position that is governed by a collective bargaining unit that regulates overtime pay.
  
  

Considerations

• At-will employees have few or no rights, in California and elsewhere. These employees are at times at the mercy of their employers. Some have argued fervently against at-will employment. Contract employees, however, are often at risk of being sued for failure to fulfill a contractual obligation if they wish to leave a position. If overtime in your position is your primary concern, you might consider looking for a position that does not require overtime or a specific employer who does not require as much overtime. Unfortunately, in California you either work the overtime or risk losing your job.