can a company demand that a second shift employee, work a plit shift?

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can a company demand that a second shift employee, work a plit shift?

I am in the ILWU union on the 5pm to 2am shift. Our employer has asked the three night shift employees to work MON Tues and wed at night, take thursday off with pay and work friday day side from 8am to 5 with no loss of pay, but it is wreaking havoc on our health and sleep patterns. Is this legal? or do we have recourse, Our union is of no help. they’ve never had this happem

Asked on June 3, 2009 under Employment Labor Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

it is not illegal for an employer to change an employees hours. However if it is causing health issues than you probably should look into attempting to change this back to how it was. As to how to do this I am not completely sure because honestly they haven't done anything illegal.

What you may want to try is to simply talk to HR explain the problem see if internally the issue can be handled with no legal intervention. If the employer cannot help you than i would suggest reviewing the terms of your employment contract. I doubt this will be included but you never know and it cannot hurt. if this all fails you can attempt to hire a local attorney who handles these matters, ask the attorney if they can represent you and your fellow employees and maybe an agreement can be reached without further legal action


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