Can an employer force you to work on your scheduled day off?

USPS provides a schedule which tells you what your day off are for the week.
They then call you on those days off and tell you that you have to come in if
needed. Is that legal?

Asked on June 29, 2017 under Employment Labor Law, Utah

Answers:

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

Answered 3 years ago | Contributor

Unless calling you in on your day off violates the terms of an employment contract or union agreement, it is legal. The fact is that most work relationships are "at will". This means that a company canse the conditions of employment must as it sees fit (absent some sort of legaally actionble discrimination). That having been said, if you are a "non-exempt" worker (i.e. typically one who is paid hourly), then you must be compenated for all time that you work. And to the extent that these extra hours put you over 40 for your work week, the time must be paid as time and a half.


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