Can a manager on salary be scheduled on a bar instead of a bartender?

UPDATED: Sep 30, 2022

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Can a manager on salary be scheduled on a bar instead of a bartender?

I work at a restaurant. Recently, the assistant general manage quit and the other manager was fired. A new manager and AGM were hired. They are

both being scheduled as bartenders and are on the schedule for 50-53 hours a

week. Bartenders are losing shifts so the salaried employees can be scheduled

for them to save on labor and let them make tips. Is this legal?

Asked on March 9, 2016 under Employment Labor Law, Nevada


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

Answered 6 years ago | Contributor

Does this action violate company policy or the terms of an employment contract or union agreement? Does this treatment constitute some form of legal discrimination? If not, then you are probably out of luck. As an "at will" employee, your employer can set the conditions of work much as it sees fit or deems necessary. This includes scheduling a manager to work the bar instead of a bartender.

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.

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