"}}]}, Asked on October 29, 2011 under Employment Labor Law, Massachusetts. Unlike the Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be This includes mandating the rules and regulations regarding a shift change. The act clearly states that any work conducted between 18:00 and 06:00 is considered night work. I will have to bid on it with everyone else. If so, you have protection here. I believe night shift can harm a person body. I'm a Per Diem staff. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Also, your employer must pay you time and a half for each hour you work overtime unless you … Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome Sometimes, the hours of work which are written into a contract of employment contain some flexibility which allows the employer to require additional hours, or a change to working hours when required. Can a employer deduct from your hourly wage every time you are late for work? Or possibly this situation is covered by an existing company policy? An employer may only require or permit an employee to perform night work, if so agreed, and if— (a.) Your employer should not reduce your hours and/or pay without following the correct procedure. Or possibly this situation is covered by an existing company policy? I did not choose to leave my job; I was forced. Sometimes employers must ask employees to move to a new shift. Laws may vary from state to state, and sometimes change. For example, the company may be adding a shift and need that particular person's expertise on that shift. Unless you have a legally binding and enforceable contract or CBA that expressly and in so many words guarantees you one particular shift, at least in the US your employer can make your continued employment contingent on your working the shift he wants you to work. This includes mandating the rules and regulations regarding a shift change. If you disagree with this your are free to quit. Your best bet now is to speak with HR and see what, if anything, you can work out regarding your scheduled hours. Night shift work can only be performed by agreement between the employer and employee. If you have worked for the same employer for at least 12 months, you must be given vacation time and pay even if you don’t work full time. However, if you don't agree to such a change your employer can terminate you (and without notice). If you will not work night shift, an employer can easily fire you and hire someone else who will be happy for any work they can get. 4. authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. What they legally can do is enter into a 3 month consultation period explaining the changes they propose to make to your shift pattern. In other words, as long as you are supplying the employee with the contracted amount of hours – you can ask them to work whenever you need them to. If your co-worker believes the employer is making this change for some type of discriminatory motive e.g., her gender or race or if the change is due to some sort of retaliation against her by the employer, a consultation with a nurse attorney or attorney would be a good idea. Now i'm only contracted to 20 hours a week, but i usually work 35+. Quotes and offers are not binding, nor a guarantee of coverage. The Federal Fair Labor Standards Act states that in most cases, an employer is allowed to change the work schedule of anyone over 16 years of age without prior notice or consent. I was short on my bank $44. Does this move violate existing company policy? Work environments are not static and employers can require employees to work outside of their regular working hours. The short answer is that there is nothing illegal with changing employee shifts if there is a legitimate reason behind it. At the end of what I thought was my shift I was notified that I would have to stay to work the new shift that began as the shift I just finished (but was apparently not assigned to). Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. Can the employer change my normal work schedule; Can I refused to work on a shift that I did not sign for? When is Night shift allowance earned? {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can an employer force an employee to go from a day shift position to a night position? My employer was able to and quite nice enough to change me to night shift starting next week. However, if none of the foregoing applies top yuor situation if not I'm afraid that you must either make the move or face possible termination. Do you have an union agreement or employment contract that prohibits this? Flexibility. – Matt May 19 '13 at 18:11 ","acceptedAnswer":{"@type":"Answer","text":"Do you have an union agreement or employment contract that prohibits this? This includes mandating the rules and regulations regarding a shift change. After all, on some occasions there’ll be no one at home to look after a child. An employer does not need to schedule around your shift preferences. Does this move violate existing company policy? You can then either agree to it or not. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be You likely don’t have recourse. Your employer may want to change your work hours by: cutting your hours so you earn less; increasing the hours you work; changing the hours that you work without changing the total number of hours, for example, moving from night shift to day shift; If the business you work for has recently changed hands. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome It does not matter if you only work a full shift or only 30 minutes during this period. Even so, any changed period must be at least seven (7) hours long and it must include midnight (24:00) to 5 am (05:00). Here is what you need to know. How to Deal With an Employee Who Does Not Want to Change Shifts. However, if you don't agree to such a  change your employer can terminate you (and without notice). For example, if you dropped a glass at work, your boss cannot take money from your wages to buy a new one. See: You would be eligible for unemployment benefits however. I find this ethically wrong. Is this change. As others have stated, if the job you applied and eventually got hired for stated you must work variable hours, shifts, weekends, holidays, and on call, you cannot convince your employer that you cannot … I am an exempt employee and work where many, many hours have now become the standard. * Unlike the They then told me if a day shift becomes available, I will not automatically get it. Also, is this action the result of some form of actionable discrimination or the like?.If so, you may have recourse under the law. Find the right lawyer for your legal issue. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. And for their part, an employee can choose to work for an employer or not. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. An employer who needs staff to work on Sundays must tell them in writing that they can opt out. However, if none of the foregoing applies top yuor situation if not I'm afraid that you must either make the move or face possible termination.The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. ","acceptedAnswer":{"@type":"Answer","text":"The terms of an employment contract or union agreement would most probably cover such scheduling issues. Disclaimer: Digestion slows down while we snooze so we need to be kind in what we feed our bodies before we sleep to make the job of the digestive system easier. However, if the contract states that your working pattern is 20 hours per week over 3 days, the employer is not permitted to change your shift pattern without your agreement. Can my employer force me to work a double shift due to schedule changes, without notification My employer changed my set shift time without notifying me. If the contract permits the employer to change the days on which you work, it is likely that you will be required to change your shifts. Disclaimer: If you do complete a health assessment questionnaire and the answers cause concern, your employer should refer you to a doctor. If so, you have protection here. Is this change the result of actionable discrimination? "}}]}, Asked on January 3, 2012 under Employment Labor Law, Florida. And for their part, an employee can choose to work for an employer or not. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). ? I work the day shift full-time. (2.) Our manager has put up a few signs around our workplace stating "if the warehouse is not tidy before the stock take, you will be made to work a night shift unpaid". Copyright © 1995-2021  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. Does this move violate existing company policy? “Workers have a very limited right under the law to refuse work they consider to be hazardous to their health,” Berkowitz says. Copyright © 1995-2021  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. However, if the employer makes a significant change to your work schedule without your agreement, such as requiring you to regularly work evenings and weekends, this may trigger a constructive dismissal. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Your boss could, however, take money from your tips that evening to cover the cost of the glass. While your treatment is seemingly unfair, it is legal. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. However, if not, then I'm afraid that there really isn't much that you can do. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. If you disagree with this your are free to quit. If you are asked to work over your shift time, can the employer ask or force you to take longer lunch periods or leave early later in the week to wipe out the overtime? Can my employer force me to come back to work there? I'm much better today and will go back to work on Monday. You can be fired simply because the manager doesn't like you. Can an employer force you to work off shift? The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. I am pharmacist and I was hired on last year for the day shift. Otherwise, you … authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. If you choose not to and your employer makes your current shift redundant then you could find yourself out of a job. I live in the UK, in 2 weeks, we have a stock take at my work place. Can an employer force employee to take leave of abscene without pay? Exceptions apply if workers and employers agree a different period for 'night time'. However, if you don't agree to such a  change your employer can terminate you (and without notice). Unless you have a contract that states 8 AM to 5 PM, then your hours are whatever you and your employer agree to. If you refuse to work overtime you can be terminated, or even if you do accept to work overtime, you can be terminated. If a doctor tells you that you have health problems caused by night work, your employer must transfer you to daytime work - if this is possible. If you disagree with this your are free to quit. Now someone else ill probably get it (I have the least seniority at night time too). Due to being on the night shift I am having health issues. A flat-out refusal to work the night shift probably will not work and may result in termination. One night we were required to stay until 11:30 p.m. After a 7:30 a.m. Start time. or an attorney's conclusion. I am to flex between days and night. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). They cannot force you to work that shift. I have worked days for the last 3 years. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. However, if not, then I'm afraid that there really isn't much that you can do. I work nights and days. Employers who take this approach upset staff and damage their companies’ reputations. or an attorney's conclusion. Section 17: Night work (1.) Is it legal for them to make us work a night shift and not pay us for it. If your employer’s required hours differ from the hours you are willing to work, either a compromise is found or you part ways. I am being told that I have to go down to night shift because they are short staffed and I have the least seniority. Question Details: I was hired 4 years ago as night LNA and eventually was hired to work days. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. In this section, “night work” means work performed after 18:00 and before 06:00 the next day. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). The suggestion that an employer may force someone to work nights is certainly worrying. This one is complicated, but generally, if your company says you have to return to the workplace, you have to go back if you want to keep the job. Laws may vary from state to state, and sometimes change. Also, is this action the result of some form of actionable discrimination or the like?.If so, you may have recourse under the law. A: Unless you have a contractual right to remain on the day shift, the law permits an employer to reassign employees to different work schedules as it deems necessary. And for their part, an employee can choose to work for an employer or not.Your best bet now is to speak with HR and see what, if anything, you can work out regarding your scheduled hours. He told me that it was temporary but now that I requested to put be put back on the schedule as day shift he is not giving me any answer. Is this change the result of actionable discrimination? You can refuse a change of shift, but he can fire you for the refusal, and it will be a legal firing. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can my employer force me to work night shift? Thus, if the employer trys to force you to do day shifts, you may be able to resign and claim constructive unfair dismissal if you've worked there for more than a year. The existence of a requirement to be flexible with working hours in the signed contract of employment means that you are permitted to require your staff to change their day shifts to night … However, if none of the foregoing applies top yuor situation if not I'm afraid that you must either make the move or face possible termination. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Quotes and offers are not binding, nor a guarantee of coverage. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Find the right lawyer for your legal issue. Yes, your employer may force you to take a different shift, even if you do not have childcare available for that new shift--and even if one of your children has a medical condition. Do you have an union agreement or employment contract that prohibits this? The terms of an employment contract or union agreement would most probably cover such scheduling issues. Coming home after a night shift and devouring a big, fat doughnut and polishing off a can of coke or beer may seem appealing, but your guts need to work really hard to digest this while you sleep. Medical center as a waiter may 19 '13 at 18:11 can a employer deduct from your wage... To schedule around your shift pattern employers must ask employees to move to a new.... 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