Is it legal for an employer to make you stay late?

Asked by: Micah Will  |  Last update: June 30, 2025
Score: 4.3/5 (32 votes)

Your employer cannot force you to stay longer than your scheduled shift to end it or stay against your will. However, an employer does have the right to ask you to stay beyond your shift, and you are free to do so as long as you are being compensated for it.

Can my boss force me to stay late?

There is nothing illegal about an employer requiring you to stay past your scheduled shift. However, if you are a non-exempt employee (entitled to overtime), you must be paid for this extra time.

Can an employer legally make you stay past your scheduled time?

Under California law, your employer generally has the right to schedule your work hours and request that you stay past your scheduled hours.

Can work force you to stay longer?

Yes, an employer can require you to work overtime without notice. They cannot, however, ask you to work off-the-clock without violating the FLSA regulations.

Can you terminate an employee for being late?

You can be fired for being late. In at-will states, employees can be fired at any time for any reason, and can also quit a job at any time for any reason. However, most employers will have an attendance and punctuality policy that spells out exactly how late and how often you can be late before you will be fired.

Can my employer force me to work overtime? Can they threaten me if I refuse?

16 related questions found

Can you be fired for refusing to work late?

Can an Employer Fire Me? The use of threats can be very problematic for any employee who is concerned about staying late. You cannot be fired for not staying past your shift, and you are free to leave after your shift ends. This manipulation tactic of a boss threatening to fire you if you don't stay can be illegal.

How many minutes late is considered tardy?

Tardy – arriving up to 15 minutes after the scheduled starting time. Late – arriving between 15 minutes and two hours after the scheduled starting time.

Can an employer make you stay late without pay?

However, this doesn't mean employers have free rein to keep employees past their scheduled shifts without consequences. California labor laws stipulate that non-exempt employees must be paid for all hours worked, including overtime if applicable.

Can you get fired for refusing to work overtime?

In general, under both federal and state law state it is not illegal for an employer to fire an employee for refusing to work overtime. In other words, an employee is permitted to refuse to work overtime, but at the same time, an employer may also terminate you for your refusal.

How do you tell your boss you can't stay late?

How to tell your boss you can't work a shift
  1. Confirm your schedule. ...
  2. Ask to have a conversation. ...
  3. Give notice as soon as possible. ...
  4. Acknowledge your obligation. ...
  5. Provide a reason. ...
  6. Plan ahead for your workload. ...
  7. Offer to make up the time. ...
  8. Understand the consequences.

Can a contract force you to stay at a job?

Yes, employment contracts are legally binding.

An employment contract can also include clauses such as non-disclosure and non-compete agreements, trade secret provisions, and details about termination. As a legally binding document, a party who breaches the agreement may face consequences.

What is insubordination?

Insubordination is the act of willfully ignoring, disobeying, or refusing to follow direction from an authority figure or group.

What is time theft?

Time theft occurs when an employee is not working while at work, or they are not at work when they are supposed to be. This ranges from “shirking” (avoiding responsibilities) to outright fraud (for example, time clock theft). A lot of employee theft is unintentional or a result of low morale.

How do I stop my staff from being late?

What disciplinary action you can take on late employees?
  1. Verbal Warning: The first step may be to give the employee a verbal warning, reminding them of the company's expectations and their lateness's impact on the organization.
  2. Written Warning: If the employee continues to be late, a written warning may be issued.

Can I be fired for refusing to work on my day off?

Your employer does have the right to fire you at any time. This is called at-will employment. And, yes, your company can fire you on your day off.

What is my manager not allowed to do?

Discrimination is at the top of the list of things your boss can't legally do. It's against the law to discriminate against employees because of their race, gender, religion, disability, or other protected categories. What can you do if you experience or witness discrimination?

Can you say no when asked to work overtime?

The easy answer is that in general, employees cannot refuse to work overtime. Moreover, the Fair Labor and Standards Act — the federal law covering this matter — does not place a limit on how many hours of overtime an employer may require.

How can I politely refuse working overtime?

Example: “I understand that we are on tight deadlines and some work will need to be done on weekends and this upcoming Easter. However, as much as I'm loyal to this company, my family needs me to be there so I'm afraid I won't be able to work overtime. I will, however, use my office time with maximum efficiency.”

Can you get fired for refusing to do a task?

An employee may have the right to refuse to perform a task, and the employer cannot fire the employee for that refusal (the refusal to work) under certain circumstances that violate OSHA rights.

What can I do if my employer keeps paying me late?

What To Do if Your Paycheck Is Late
  1. Contact your employer in writing and ask for prompt payment of the wages owed to you.
  2. If your employer refuses, file a wage claim with your state's labor agency or attorney general.
  3. File a complaint with the Department of Labor's Wage and Hour Division.

Can my employer sack me for being late?

An employer might decide to dismiss an employee for unauthorised absence or lateness. Dismissal should always be a last resort.

Is being 5 minutes late to work bad?

According to a new survey 40 percent of millennials say that being 5 to 10 minutes late to work is ok, while 50% of Gen Z said you are on time if you show up 10 minutes late to work. Personally, being a minute or two isn't bad, but when you get to beyond 5 and it effects me, I would have a problem with it.

Can I fire someone for always being late?

If you are dealing with an employee who is frequently absent or late, you might be wondering whether you can terminate their employment. The short answer is yes, you can.

How many minutes are you allowed to be late?

A typical grace period is five to seven minutes, but employees should still report their lateness. If an employee is five to seven minutes late every day, you may need to speak with them to understand why.

What is considered excessive lateness?

What is excessive tardiness? Excessive tardiness can be determined by the employer. Some employers consider a few times a week excessive, and others, a few times a month. It depends on the job and the industry.