Can a CNA be mandated to stay an extra shift or any additional time past their originally scheduled shift?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a CNA be mandated to stay an extra shift or any additional time past their originally scheduled shift?
Asked on September 12, 2015 under Employment Labor Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Do you have an employment contract or union/collective bargaining agreement that prohits you from working these hours? Does such a schedule violate compoany policy? Is you treatment somehow a form of retaliation or constitute legally actionable discrimination? If not, then you are required to work the hours that you were given. In an "at will" employment relationship, an employer can set the terms and conditions of employment much as it sees fit. For your part, you can either comply with the new schedule or quit.
That all having been said, some employees such as airline pilots and some medical workers, etc. are limited as to the number of hours that they can be made to work. While I do not believe that most states cover CNA's, there might be specific law in our state that covers you. At this point, for further information, you can contact your state's department of labor and/or an employment law attorney in your area.
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 AttorneyPages.com 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.