Is it legal for a company to schedule a salaried employee to work with less than 8 hours between full shifts ?8 hours or more

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Is it legal for a company to schedule a salaried employee to work with less than 8 hours between full shifts ?8 hours or more

My daughter just started working 3 pm -closing at a restaurant, often not
getting off till after midnight or later, and at least once a week has to be
back at 5 am when it opens again. This is happening today again, and she didn’t
feel it was safe to drive home this tired, and couldn’t afford to stay at the
hotel the restaurant is in, so she rented a room at a less expensive place
nearby, which cost her half her wages for one shift. The hotel is hiring more
restaurant workers, but until they are in and trained, this is how it is. I’m
not certain that this is even legal in Colorado. I think the hotel should cover
her costs to stay safe, and compensate anyone they put out this much. Saw this
on another site
https//www.labour.gov.on.ca/english/es/tools/hours/dailyrestbetweenshiftst
utorial.php

Asked on December 25, 2018 under Employment Labor Law, Colorado

Answers:

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

Answered 2 years ago | Contributor

First of all, there is no limit on the number of hours/days in a row that a worker can be scheduled to work, so there is no law regarding having less than 8 hours in between shifts. The exceptions being for certain medical personnel, truckers, airline pilots, etc. Other than that, absent some form of legally actionable discrimination or an employment or union agreement to the contrary, a business can set the conditions of work much as it sees fit. As for reimbursement for the cost of the hotel room, it was your daughter's decision to stay there, not her employer's. And while I think that your daughter did the right thing, unfortunately her employer was under no obligation to pay.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Salaried employees can be forced to work any number of hours or shifts, with either small breaks or no breaks between work. The rules that may protect hourly employees in some cases have no application to exempt salaried employees. She could be required to work literaly 24 hours per day with no time to get home. The employer is not obligated to pay for her hotel or other stays if she chooses to stay in one--it was her choice to rent a room rather than go home. The employer has no obligation to cover her costs or keep her safe. All she can do is seek other employment if she does not believe this job is worth it.


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