Is there a timeframe between scheduled shifts from one day to the next that must be followed?

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Is there a timeframe between scheduled shifts from one day to the next that must be followed?

Is it legal for an employer to schedule a full-time employee to work a 2 pm – 10:30 pm shift then schedule them the following day at 6 am?

Asked on May 12, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In the vast majority of cases, this is legal--the law does not regulate how often or how long employees may work, or when they may be scheduled, other than to require that non-exempt employees (which includes essentially all hourly employees) be paid overtime when working more than 40 hours in a week.

There are certain narrow industry exceptions, where maximum hours or minimum rest are mandated for safety reasons--truck drivers and airplance pilots, for example. Or if there is a contract which specifies or limits hours, it is enforceable. However, other than this, the employee could be scheduled as you describe.


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