If I work as a caregiver in an assisted living facility and someone doesn’t show up for the following shift they are making us stay over, can they do that?

Asked on October 25, 2015 under Employment Labor Law, Oregon


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

Answered 5 years ago | Contributor

Unless you have a union agreement, employment contract or company policy itself prohibits this action, your empoloyer require that you stay over. The only exception to this would be if you were being singled out to stay due to some form of actionable discrimination or retaliation, which does not appear to be the case here.
The fact is that an employer can set the terms and conditons of the workplace much as it deems necessary. The only protection hthat you may have here is that there is a cap on the number of hours that certain employees can be made to wrok. This incudes some members of the medical community. While typically this applies to doctors, etc. you can check with your state's department of labor for further information.

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