Can a manager on salary be scheduled on a bar instead of a bartender?

I work at a restaurant. Recently, the assistant general manage quit and the other manager was fired. A new manager and AGM were hired. They are

both being scheduled as bartenders and are on the schedule for 50-53 hours a

week. Bartenders are losing shifts so the salaried employees can be scheduled

for them to save on labor and let them make tips. Is this legal?

Asked on March 9, 2016 under Employment Labor Law, Nevada


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

Answered 4 years ago | Contributor

Does this action violate company policy or the terms of an employment contract or union agreement? Does this treatment constitute some form of legal discrimination? If not, then you are probably out of luck. As an "at will" employee, your employer can set the conditions of work much as it sees fit or deems necessary. This includes scheduling a manager to work the bar instead of a bartender.

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