Is it illegal for a company to work their 3rd shift associates during a power outage and having no emergency lighting?

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Is it illegal for a company to work their 3rd shift associates during a power outage and having no emergency lighting?

They only gave the associates flashlights or baseball caps with lights in the bills. There were pallets all over the floors and grocery carts with products strewn about the entire store. This is a dangerous condition and many associates were upset.

Asked on July 1, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is legal, though dangerous--both legally as well as physically. While an employer can require employees to work under these conditions, it would likely be considered negligent; therefore, were an employee to be injured due to the conditions, he or she (subject to the Worker's Compensation rules) could likely successfully sue the employer.


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