Your working hours are an important aspect of your employment contract and your work-life balance. You may have agreed to work a certain number of hours per day or week, or you may be subject to the maximum hours of work permitted by law. However, you may be pressured by your employer to work more hours than you agreed to or are allowed to, especially during busy seasons or emergencies. What if you refuse to work hours in excess of those permitted by your contract or by applicable Industrial Welfare Commission (IWC) orders? Will you be disciplined, demoted, or even fired for standing up for your rights? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as an employee under California Labor Code Section 1198.3 and how we can help you if your employer violates them.
What is California Labor Code Section 1198.3?
California Labor Code Section 1198.3 is a California law that prohibits employers from discharging or retaliating against employees who refuse to work hours in excess of those permitted by applicable IWC orders. This law also entitles employees who are subject to such retaliation to appropriate legal and equitable relief.
The IWC is a state agency that regulates wages, hours, and working conditions in California. The IWC issues wage orders that set the minimum wage, overtime pay, meal and rest breaks, and other standards for various industries and occupations. The IWC wage orders also specify the maximum hours of work that employees can be required to work per day or week, depending on their classification as exempt or nonexempt from overtime pay.
What are the benefits of California Labor Code Section 1198.3?
California Labor Code Section 1198.3 provides several benefits for employees who refuse to work excessive hours under applicable IWC orders. These include:
- The right to refuse to work hours in excess of those permitted by applicable IWC orders without fear of losing your job or facing other negative consequences from your employer.
- The right to challenge any discharge or retaliation by your employer for refusing to work excessive hours.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer violates this law by taking any adverse action against you for refusing to work excessive hours.
- The right to report your employer’s violation of this law to the Labor Commissioner’s Office, which can investigate and enforce this law.
What are the limitations of California Labor Code Section 1198.3?
California Labor Code Section 1198.3 does not cover every situation where an employee may refuse to work excessive hours under applicable IWC orders. Some of the limitations of this law are:
- It does not apply to employees who work for the federal government, the state government, or any political subdivision of the state.
- It does not apply to employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA), such as executive, administrative, professional, outside sales and certain computer employees.
- It does not require employers to pay employees for the hours they refuse to work or to provide them with any other compensation or benefits.
- It does not protect employees who refuse to work reasonable hours that are within the limits set by applicable IWC orders.
How can we help you if your employer violates California Labor Code Section 1198.3?
If you believe that your employer has violated your rights under California Labor Code Section 1198.3 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for refusing to work excessive hours under applicable IWC orders, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
