Can a CNA be mandated to stay an extra shift or any additional time past their originally scheduled shift?

Asked on September 12, 2015 under Employment Labor Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Do you have an employment contract or union/collective bargaining agreement that prohits you from working these hours? Does such a schedule violate compoany policy? Is you treatment somehow a form of retaliation or constitute legally actionable discrimination? If not, then you are required to work the hours that you were given. In an "at will" employment relationship, an employer can set the terms and conditions of employment much as it sees fit. For your part, you can either comply with the new schedule or quit.
That all having been said, some employees such as airline pilots and some medical workers, etc. are limited as to the number of hours that they can be made to work. While I do not believe that most states cover CNA's, there might be specific law in our state that covers you. At this point, for further information, you can contact your state's department of labor and/or an employment law attorney in your area.

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