Is there a rule or law about working a late shift and coming in for the morning shift the next day?

Asked almost 2 years ago - Long Beach, CA

on new years eve, i had to work until 2:00 am and then i had to be back at 9:00 am the next day. is there a rule about that? i mean you don't get your full hours of sleep and have to be back at work.

Attorney answers (4)

  1. Neil Pedersen

    Contributor Level 20

    3

    Lawyers agree

    Answered . Mr. Kirschbaum is correct. As long as you are paid properly, the employer can work you back to back shifts if it wishes.

    One note: if you are working in a union shop, the collective bargaining agreement may provide you with more protection than the law. If you are a union member, you should discuss this with your union representative.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  2. Michael Robert Kirschbaum

    Contributor Level 20

    2

    Lawyers agree

    Answered . No, as barbaric as it may seem there is no rule or law against requiring most employees to work shifts 7 hours apart, unless you are an airline pilot or fall within a specific wage order. Most working people must work the hours scheduled by their employer. Of course, if you work more than 8 hours in a workday, you must be paid overtime by the employer.

    If there are union or contractual restrictions, this answer may be different.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  3. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As Mr. Kirschbaum mentioned, your employer is not violating any law unless you work in a regulated field (truck drivers, common carrier operators, etc.). Unfortunately, employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.

    There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.avvo.com/legal-guides/ugc/an-overvie.... After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.

    Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.

    I hope you can resolve your situation and wish you the best.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more
  4. David Andrew Mallen

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Make sure you are getting paid proper overtime.

    Best regards,

    David A. Mallen
    310.895.0107

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more

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