Is it legal for your employer to mandate you to work a night shift as a CNA if you had already worked your scheduled evening shift?

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Is it legal for your employer to mandate you to work a night shift as a CNA if you had already worked your scheduled evening shift?

Asked on July 27, 2015 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is perfectly legal, unless you have a written employment agreement (including a union or collective bargaining contract) preventing this. Otherwise, in the absence of such an agreement, employers have complete discretion as to when and how long to have their employees work. Of course, if you are an hourly employee you must be paid for all hours worked; and if you are non-exempt (that is, not exempt from overtime; and all hourly workers are non-exempt), you must be paid overtime (time-and-a-half) for all hours over 40 worked in one work week.


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