Can I change an employee

s schedule on short notice?

We are sometimes overstaffed and want to have an employee not come to work the next day, or another day during the week. They are not asked to come in at all, and are told at least the day before, if not sooner. Are we allowed to change

their schedule on short notice?

Asked on September 17, 2018 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, an employer can change an employee's shifts or hours at will unless there is a written contract (including union agreement) specifying or locking in the shift/hours: employers, not employees, set and determine hours worked. Make sure you let them know before they start communting/traveling to work, to avoid having to pay them for at least part of the work day, but if you give them at least a day's notice, you will be fine.

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