Lawyer Explains Overtime Rights: Can You Be Fired for Taking a Day Off After Working 45+ Hours?

In a recent video posted on social media, Attorney Trang Tran, a labor and employment lawyer specializing in wage and hour class actions, addressed a common concern among hourly employees. The question posed was: Can an hourly employee be threatened with termination or a write-up for not working on their day off, even if they've already worked over 45 hours that week? Tran's response clarifies the legal landscape surrounding overtime pay. "In California and several other states," she explains, "employees are entitled to overtime pay for hours exceeding 40 per week and for hours exceeding 8 per day." This means that threatening an employee with disciplinary action for taking a day off under these circumstances is unlawful. Tran further emphasizes the importance of understanding these rights, stating that "employers still need to pay overtime." This video serves as a valuable resource for hourly workers, highlighting their legal protections against unfair labor practices. The clarity and authority of Tran's explanation make this information easily accessible and impactful for a wide audience.