California doesn’t permit an employer to require its employees to be on the job for longer than the maximum number of hours that are allowed by the state’s Division of Labor Standards Enforcement (DLSE). Section 1198 of the California Labor Code addresses this issue, and it states as follows: “The maximum hours of work and the standard conditions fixed by the commission shall be the maximum hours of work and the standard conditions of labor for employees. The employment of any employee for longer hours than those fixed by the order or under conditions of labor prohibited by the order is unlawful.”
Penalties for Section 1198 Violations
An employer who is found guilty of violating section 1198 can be punished in accordance with California Labor Code section 1199. Section 1199 provides for a minimum fine of $100 or up to 30 days in jail or both. On top of any fines or jail time, an employer can also be sued in civil court by employees for section 1198 violations.
If your employer has required you to work for longer than the maximum number of hours permitted by the DLSE, or you’ve been required to work under sub-standard conditions, contact our offices to consult with an experienced employment law attorney.
Contact our California Labor and Employment Lawyers today.
