Can a supervisor demand an employee to work an extra 8 hour shift ?
My son was told by his supervisor that he HAD to work another 8 hour shift ion top of his regular 8 hours, and has to return to work for his regular 8 hour shift.
first 8 hrs. 8:00 a.m. -4:00 p.m. Demanded to work second 8 hrs. 4:00 p.m. to 12:00 a.m. and return 8:00a.m.
Answers (2)
Very Truly Yours,
Atty. Daniel H. Schneider
posted by Daniel H. Schneider | Jul 3, 2010 5:51 PM [EST]
In general an employer can set hours of employment. However there are so many exceptions to that general proposition that I would need to know a lot more information. This information would include: 1: the nature of the work (special laws such as those governing pilots and interstate truck drivers may apply to limit the number of hours an employee can work); 2) whether the employee is in a union, and if so, what the union contract provides concerning mandatory overtime; 3) what any other agreement between the employer and employee provides; 4) the jurisdiction where the work is performed (ex: Connecticut, etc.); 5) why the employee cannot work the overtime (ex: if the employee needed to take qualifying medical and/or family leave, and/or needed a reduced schedule as part of a reasonable accommodation for a disability); 6) whether the employee is a minor; and 7) for what purpose the question is asked (ex: is the employee concerned about getting unemployment if they refuse, do they want to be able to sue if they refuse and are fired, are they afraid about being sued by the employer if they refuse).
If you or your son are interested in discussing the issue further, please have him or yourself contact me on Tuesday. I do not charge for initial consultations.
Very Truly Yours,
Atty. Daniel H. Schneider
posted by Daniel H. Schneider | Jul 3, 2010 5:49 PM [EST]
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