How to get an employee to work an alternative shift?

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How to get an employee to work an alternative shift?

My employer implemented a 4 day workweek last year with employees working 10 hour days. The manger is leaving and we would like a current non-exempt employee working an alternative work week to change to 5/8 hour days while the position is filled. Can we do this if the employee has no concerns and the rest of the unit wishes to continue 10 hour days? If so, for how long?

Asked on April 13, 2011 under Employment Labor Law, California

Answers:

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

Answered 10 years ago | Contributor

Unless there is an employment contract, union agreement, or company policy that specifically allows for this, then I'm afraid that you are out of luck.  If your employment is "at will" (and most employment is) that means your employer cannot only hire and fire employees as it wants, it may also set their job titles, duties, conditions, compensation, and hours.  Absent worpkplace discrimination playing a factor here, your employer is free to set shifts as it pleases. 


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