Is it legal for your employer to mandate you to work a night shift as a CNA if you had already worked your scheduled evening shift?

Asked on July 27, 2015 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is perfectly legal, unless you have a written employment agreement (including a union or collective bargaining contract) preventing this. Otherwise, in the absence of such an agreement, employers have complete discretion as to when and how long to have their employees work. Of course, if you are an hourly employee you must be paid for all hours worked; and if you are non-exempt (that is, not exempt from overtime; and all hourly workers are non-exempt), you must be paid overtime (time-and-a-half) for all hours over 40 worked in one work week.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.