Anand "Lucky" Jesrani is a California attorney. We were getting paid on the 15th and the last day of every month. Also, the employee is allowed to decline to work any hours that are not included in the employee’s work schedule. However, there are certain situations in which an employer can find himself in violation of the law should he choose to alter your job description. Legally, your employer is allowed to change your schedule unless otherwise stipulated in your employment contract. Many states subscribe to this type of law, which means that there is no obligation on the part of the employer to notify employees about shift changes. It cannot, however, change your work hours as a way of retaliating against you because you exercised your employment rights, such as filing a discrimination or harassment complaint. 4. The best performing businesses are those that have high worker morale and good communication between the employer and the team. Most scheduling laws require at least a 24-hour notice, however. More frequent changes will result in the loss of the exemption from the 8-hour day requirements of California law. Best practices suggest that contract changes should be negotiated so that both parties are aware of the changes and agree to them. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203. However, if you work under an employment contract or collective bargaining agreement that requires such a notice then you may have remedies under that document for failing to give timely notice. Q. Therefore, an employer may change an employee's work hours without giving prior notice or obtaining the employee's consent (unless otherwise subject to a prior agreement between the employer and employee or the employee's representative)." There’s also some specific laws on this in Seattle, passed by the Seattle City Council in 2016. So, the FLSA says it’s okay to change employee schedules at the last minute? Question Details: I was supposed to go into work today but could not due to a family situation. In April 2011, the California Court of Appeal decided Seymore v. You can be forced to work overtime without 24 hours notice. Even if your policy change simply reduces the amount of vacation that employees can earn in the future without taking away previously earned vacation time, it will still feel like you took something from them. They also must receive overtime pay when they reach 40 hours a week (and in some states, if … Remember, your employees will have other arrangements outside of work and when their shifts change at the last minute – they might struggle to find childcare, miss out on classes or activities, or have to cancel their plans. There are also tiers based on if the notice is at least 1 day or at least 7 days advance notice. An employer is excused from notifying his employees of scheduling changes in certain circumstance without paying them reporting time. The reporting time pay requirements are different for hourly employees who work regular shifts and are not notified of scheduling changes. If your employer does cut your pay or schedule, you’ll typically receive a letter outlining the change. Q. Jill Stimson has worked in various property management positions in Maryland and Delaware. If an employer makes changes to the written work schedule, they must provide 14 days notice in-person, by telephone call, by email or by text message. An employer can adopt a voluntary alternative workweek schedule only after obtaining a consensus vote in favor of the scheduling change. You can refuse to accept the change in hours, in which case the employer may terminate your employment. Remember, when it comes to employment law – the general rule is if the state law grants more rights to the employee, it takes precedence over the federal law. If Employers change employees’ scheduled days off or shifts without giving 14 days notice, overtime must be paid. Also, in California and some other states, you can't change a posted schedule without initials on the schedule that the employee knows the change or a written notice signed by both parties. What about the associates who go to college after work or weekends? Yes. Generally, your employer can set your work schedule and has discretion on doing so. Question Details: If a person is hired as an hourly supervisor (Monday through Friday 7 a. m. to 4 p.m.) can the company suddenly change your hours to whenever they want you there (employed for 16 years)? So, unless an employment contract says your employer must tell you about the change in advance, he doesn’t have to give you notice. Here’s what you can do: Check the employee manual. Another way of puting this is that the employer can take away any or all of your paid holidays at any time and for any reason. Any change to the policy number could be accomplished through a posting of the workers’ compensation notice (a writing required under Labor Code 3550-3351), which contains current policy information, and which all employers are required to post in a conspicuous location where employees can readily view the notice during the hours of the work day. Under California law, employment is "at will." For example, an employer could demote you, change your pay structure, cut your pay, cut your hours, change your schedule, change your job responsibilities, change your reporting relationships, require you to work at another site, and so on. 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. We were getting paid on the 15th and the last day of every month. 12. A bill in the California Senate would require certain types of businesses in the state to provide employees with multi-week work schedules at least seven calendar days in advance of the first shift on that schedule. Even if your particular state doesn’t require you to do so legally, it is still a good practice for improving employee relations. Yes, your employer can cut your shift short, but it comes at a price. Can your employer change your scheduled hours without notice? The federal Fair Labor Standards Act (FLSA) says that in most cases, an employer can change the work schedule of anyone over 16 years of age without prior notice or consent. An employer who fails to provide advance notice to an employee of scheduling changes can be required to pay for “reporting time.” Furthermore, California law imposes strict requirements on employers who adopt alternative workweek policies, and employers cannot adopt these policies without providing advance notice to their employees of their scheduling changes. Overtime laws vary depending on your state however, so make sure that you are complying correctly with the law that pertains to your particular location. The wage order requires that employers pay their employees for at least two hours of work. CA DIR FAQ. 56.23.2 Reasonable Notice Of Change In Regular Alternative Workweek Schedule. 4. Now my boss changed my schedule to go in on my day off tomorrow at 4 am without my consent or 24 hour notice. Unfortunately, employers can, in most cases, cut your pay or reduce your hours since most employees are "hired at will." Although California employers have the discretion to control their scheduling needs and staffing requirements, the Labor Code imposes a limitation on their scheduling rights. Your employer can comply with the law, even without having your timecard, by paying all of the wages that it reasonably knows are due for your regularly scheduled work period. As an employer, you try your best to set an optimal work schedule for your employees and to give them notice in advance if it changes. of Industrial Relations states that an employer must give an employee prior notice of a change in pay periods. If an employer changes an employee’s schedule without prior notification and written consent, the employer is guilty of contractually breaching a written agreement, and may have to pay contractual damages to its employee. For your employees who are non-exempt from overtime law, you must pay them overtime when they work more than 40 hours per week. Additionally, an employer does not have to pay an employee reporting time pay if he terminates the employee or if the employee is physically unfit to work. Hello, Assuming that there is no employment contract or company policy that mandates a fixed schedule, an employer is always free to change an employee's schedule. This means that an employer can fire or lay off an employee at any time with no reason. ... as long as the employer gives you prior notice of the change and meets the payday requirements of the law. 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. Unfortunately, there are no federal or state laws that regulate how far in advance your employer has to give you your schedule, so there’s little a government agency or lawyer will be able to do for you in this situation. She holds a Juris Doctor and a Bachelor of Science in psychology. Most employers ask employees to provide at least two weeks’ notice of an intent to quit. This means that once you set the schedule, you can’t change shifts unless you give at least a week’s notice. If your employer can change your work schedule without telling you, it can also discipline you for refusing to work according to the new schedule. Summary. The FLSA does not provide a minimum notice period for changes and your employer can change your schedule without talking to you about it. However, things don’t always go as planned. It helps to use a time tracking app that will automatically ensure you are compliant with your local employment laws. You can refuse to accept the change in hours, in which case the employer may terminate your employment. Is she allowed to refuse without risk of … Seek advice through an attorney licensed to practice law in your state. While that might be the case, you should also check with your state. If you are an at-will employee, your employer can typically change your job description, duties, title, work location and schedule as he wishes and without providing you advance notice. For example, if you are an employer in California , where state laws consider employees’ PTO to be a form of wages, you can’t change your policy in such a way that takes away PTO hours that have already been accrued. Here’s more information about predictive scheduling laws and how they work. Generally, employers must pay their hourly employees and other nonexempt employees overtime pay at one and one-half or double their regular hourly rates. Can an employer change your schedule without 24 hour notice and without consent? (off a week and a half). However, the California Dept. The notice must be provided at least 90 days before the first biweekly check is issued. 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. However, if his employer sends him home again in the same workday, his employer must pay him for another half-day or at least two hours for reporting to work. Can an employer change a payroll schedule without notice? Can an employer change a payroll schedule without notice? Well, not exactly. While doing this might not have legal repercussions, it can seriously bring down the motivation and morale of your team. If I understand your question correctly, your employer had you work on a Saturday starting at 10:30 a.m. and work until noon, instead of starting at 8:00 a.m. and being done at 9:30. No, an employer has no legal obligation to provide notice within a certain period of time of a schedule change. Your question implies that they may have changed the pay period. Wondering whether your employer can change your job description? 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. More frequent changes will result in the loss of the exemption from the 8-hour day requirements of California law. I do agree that the employee is responsible to check the schedule as well, but less than 24 hours doesn't really give much time to … of Industrial Relations states that an employer must give an employee prior notice of a change in pay periods. This is a lot different than simply not having vacation time in the employee is allowed to refuse without of. An employee before cutting hours or compensation a consensus vote in favor the... For every hour they work more than 24 hours notice its employees favor! A price ll typically receive a letter outlining the change and meets the payday of... 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