Generally, an employee is hired to work at a particular facility and not necessarily on a particular unit, floor or shift. As a result, employers are free to change conditions of employment as they see fit. A flat-out refusal to work the night shift probably will not work and may result in termination.
Can an employer change an employees work schedule?
Can My Employer Change My Schedule Without Notice in California? In most places in California, employers can change an employee’s work schedule without notice. That doesn’t make it right, but there isn’t a law in place that requires employers to make scheduling changes within a certain period of time.
Can my boss change my shift pattern?
Your contract of employment or local policy may allow your employer to change your shift pattern if they follow the correct process. For example, your contract may only specify the number of hours you work per week while requiring you to ‘work flexibly to meet the needs of the department’ or similar.
Can a company switch you from days to nights?
Although not required by law, employers usually pay a shift differential for employees working shifts other than the day shift, such as the night shift or “graveyard shift.” Employers can change an employee’s shift if the change is intended to be permanent and not designed to avoid FSLA overtime pay rules.
What is the law on shift differential?
The law considers shift differential pay to be part of an employee’s regular pay rate, so it must be added to the regular hourly salary before an employer figures “time and a half.” For example, someone who makes $9 an hour plus $1 per hour shift differential pay would make $15 per hour when working overtime.
How many hours are you legally allowed between shifts?
11 The minimum rest period in a 24-hour period should not be less than 11 consecutive hours. In general, workers are entitled to at least 11 hours rest per day, at least one day off each week, and a rest break during the shift if it is longer than six hours.
What is the average shift differential pay?
Shift differential premiums for salaried employees are usually calculated as percentage of base salary. Amounts typically range between 5 and 15 percent of base salary.
How do you calculate shift differential?
In most cases, differential rates of pay are calculated by taking a worker’s regular hourly wage and then adding an additional percentage of that wage. That’s the ‘shift differential’, the extra percentage added to the normal rate.
Can your work hours be changed without your consent?
To begin, it’s important to note that an employment contract is a legally binding agreement. Therefore neither an employer nor an employee can change the terms in the contract without the other’s consent, unless there is specific provision in the contract that allows them to.
