Guide to What California Employers Can and Cannot Mandate Their Employees To Do

This is part of our Guide to Employee Rights in California: What Every Worker Needs to Know. As a general rule, management may require employees to do almost anything, as long as it is not an illegal act, does not violate Cal OSHA safety laws, and does not conflict with any employment agreement you have. There are exceptions, some of which are listed here.

Keep in mind that these mandates (requirements) are generally enforceable only by firing the employee, meaning that if you are OK with losing your job, then you can generally refuse to comply with an employer’s request. It is generally not legally required to comply with employer mandates.

Can my boss make me work on holidays?

Yes. Employers may require that employees work on any and all holidays.

Can my boss make me do things outside the scope of my position?

In general, employers are not limited to requiring employees to perform the duties within their job description. So even if it’s something that seems well below or well above your “pay grade,” your boss can probably require that you do it. One exception is if you have an employment agreement and it would contradict the terms of the agreement.

Can my boss make me do a brief task off the clock without paying me?

Employers cannot routinely require employees to work for minutes off the clock without compensation.¹Troester v Starbucks (2018)

Is it illegal for my boss to make me answer their call after work hours?

As of March 2024, there are no specific laws related to the time of communication between a boss or supervisor and employee. Of course, if you are paid hourly, any substantial work-related communication must be paid at your regular or overtime hourly rate.

California is considering implementing a legal “right to disconnect” for employees, as Australia and some other countries have done. The proposed law written by California Assembly Member Matt Haney would give workers the right to ignore off-hour communication from their bosses, including calls, emails, texts, and other forms of communication. There would be exceptions in the case of emergency, or if related to scheduling changes affecting the next 24 hours.

Can my boss require me to be in a meeting about the boss’s religious or political views?

As of January 1, 2025, California employers can’t require workers to attend any meetings related to the boss’s political or religious views. This includes any anti-union meetings, where the boss seeks to intimidate and dissuade employees from joining a union. Workers cannot be disciplined for refusing to attend such meetings. This is due to Senate Bill 399, which is sometimes known as the captive audience meeting ban.

Can my employer make me sign an arbitration agreement?

No. California law prohibits employers from requiring new employees to agree to arbitration clauses as a condition of their employment. Thus, employees have the right to opt out of these clauses.²AB 51 (2019)

Related

Guide to Employee Rights in California: What Every Worker Needs to Know

Image credit: Freepik