Can an employeebe mandated to stay at work after finishing a night shift?

When working night shift at a nursing home as a CNA. Can they mandate you to stay over for a day shift? After you’ve been there all night already?

Asked on March 23, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, unless you have a contract to the contrary (including a union agreement), the employer *can* make you stay for an extra shift. The good news is that if you are not a salaried employee, they'd have to pay you for the time (if you're salaried, then generally, they don't have to, unless it's the rare case of a salaried employee who is not exempt from, and can earn, overtime).

Furthermore, if you are not exempt from overtime, if as a result of the extra shift, you work more than 40 hours in the week, you'd have to be paid overtime for hours past 40.

So, short answer: you can be made to stay, but if you're an hourly employee, you have to be paid, and might also earn overtime.


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