If I am scheduled to work until 6pm is my boss allowed to make me stay later than that even though it is written down on the schedule that I am out at 6 without any warning ahead of time?
I was scheduled to work until 6pm. I work at a Taco Bell and I was operating the register and when 6pm rolled around I was told I had to stay and count the money in the drawer. Even though I have always been told I don’t have to and that they (whoever the manager on shift at the time is) would count it for me. It was known my scheduled time was until 6 wouldn’t the printed out schedule be classified as a form of contract for my services? If so if they are in violation of it can I be punished for refusing to work past my scheduled time when I have things I need to do after work?
2 answers | asked May 16, 2019 01:59 AM [EST] | applies to New York
Answers (2)
As answered above, employers legally can make last minute changes to employee schedules, unless (in the very rare case) there is some agreement saying they can’t.
Because employers in New York state do not need a reason to terminate an employee, your employer could fire you for refusing to work the new or additional hours.
However, your employer must pay you for your working time. If you are a non-exempt worker, and the additional scheduled time means you worked more than 40 hours in a week, you must be paid time and a half for that overtime.
You can read more about employee rights at Working: Now and Then.com.
If you believe you have been underpaid, you should contact an experienced employment attorney to discuss your situation.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
posted by Charles Joseph | May 16, 2019 08:44 AM [EST]
Because employers in New York state do not need a reason to terminate an employee, your employer could fire you for refusing to work the new or additional hours.
However, your employer must pay you for your working time. If you are a non-exempt worker, and the additional scheduled time means you worked more than 40 hours in a week, you must be paid time and a half for that overtime.
You can read more about employee rights at Working: Now and Then.com.
If you believe you have been underpaid, you should contact an experienced employment attorney to discuss your situation.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
posted by Charles Joseph | May 16, 2019 08:44 AM [EST]
They can change your schedule last minute. You must be paid for all regular hours, split shift, and overtime hours.
If you suffer with a disability or need FMLA time off then arrange with your doctor as to what a reasonable accommodation might be. FMLA covers serious health conditions of you and those close to you.
Call employment lawyers for more suggestions because insubordination can result in job loss and denial of unemployment benefits.
posted by V Jonas Urba | May 16, 2019 02:30 AM [EST]
If you suffer with a disability or need FMLA time off then arrange with your doctor as to what a reasonable accommodation might be. FMLA covers serious health conditions of you and those close to you.
Call employment lawyers for more suggestions because insubordination can result in job loss and denial of unemployment benefits.
posted by V Jonas Urba | May 16, 2019 02:30 AM [EST]
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