Federal Mandatory Overtime

[ZeroPriority]

I'm finding myself in an interesting place.

I'm a civilian working on Edwards AFB, CA and my job isn't much more than a glorified security guard, hense the title DAF(Department of the Air Force) Guard. I work with the 95th Security Forces Squadron(Security Police/Military Police) and my job is to fulfill the same duties the enlsited ranks are assigned to complete on the installation gates. I am not recognized and a Federal Officer nor do they afford me the credentials recognizing me as a peace keeping officer in the state of California, however my supervisors and military leaders feel different. I am NOT enlisted nor did I sign a contract that binds me to any sort of job. I could walk off of the installation right now and not feel a thing but remorse for not giving a two week notice. Now I realize that making overtime mandatory is not illegal, but the lagality of threatening my job is in question. On 17 October of this year(2009), we are having our annual Air Show. Somehow in my chain it's being passed down that I have to work two days that weekend, even though it falls on our schedule as a 3 day weekend for my shift. According to the schedule, I have Friday, Saturday and Sunday off, but they are insisting that it's mandatory to work Friday(16) and Saturday(17). I have spoken to my supervisor about the issue and showed my distaste and asked what the consiquences would be if we did not attend the overtime lsited and his response was simply put, "You won't have a job anymore." Is it wrongful termination? I have already made plans for that weekend and will stop at nothing to get it off. I'm not asking for illegal advice, but a "per se" situation. If I were to call off, would there be anyway of me seeing action taken against me? Also, my supervisor stated that the Flight Chief(Military Shift Supervisor, primarily an E-7) CAN tell me to come in even if I call off, but I was under the impression that California law says different. As long as it appears to be an illness I was under the impression that I couldn't be touched, let alone have questions asked regarding my sickness. I'm enraged to think that I didn't sign up for the military and yet they are trying to treat me as if I'm enlisted. I didn't sign a contract so my rights are still available.

Any help with the issue would be greatly appreciated. If more information is needed please let me know, I tried to lay it all out so you had a general outline of what was going on.

 

[theretoo]

i am not an atty, and all i am finding is the ca law regarding pay for overtime, but i am not finding anything on any laws against employers requiring mandatory ot.

For more than 8 hours in a day, an employee must be paid 1.5 times his or her usual rate, and for over 12 hours in a day must be paid twice the standard rate. In addition, if an employee works 7 consecutive days, they must be paid 1.5 times the usual rate for the first 8 hours, and doubletime for any hours over 8. The 7th consecutive day law applies regardless of how many hours an employee worked in the preceding six days. Also, any hours over 40 in a week must be paid at time and a half.

this would be a question that one of the atty's on this board would need to address beyond that.

i just found this link so i am adding it

http://www.legalmatch.com/law-library/article/forced-overtime.html

 

[ZeroPriority]

Yeah I know about as much as you on the matter. That CA law doesn't really apply because I only work 54 hour weeks, not quite the 72 I'm looking for. Perhaps an answer from someone based more around calling in sick. I'm really at a loss for the situation.

 

[NY_Shark]

As an at-will employee, you can be discharged for any reason your employer sees fit, so long as it does not violate any federal labor laws. Being fired for not showing up on a scheduled work day is not a wrongful termination, nor is being fired for complaining to supervisors about overtime, nor is being fired for suspicion that you called in sick even though you weren't sick.

 

[ZeroPriority]

Well, here's the issue - on the schedule it shows my shift as having the weekend off. They are verbally telling us that we HAVE to come in. As far as CA Labor Laws go, I was under the impression that you could not get fired for calling in sick regardless of the employer's own opinion on the matter.

 

[NY_Shark]

So I did a little poking around the labor laws specific to CA and here is the relevant stuff I found:

-They can give you mandatory OT up to 6 days a week, but not 7.
-Nothing that I found says the employer has to accept a call in.

 

[Patricia_Young]

And actually, the "one day's rest in seven" has been intepreted by the DLSE in that as long as you get the equivalent of one day's rest in seven over a month, that meets the requirement. And this is assuming that California law even applies on a federal military installation.