If my employer asked me to work tonight which is my night off but I said no, can they change my schedule and put me down as working?

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If my employer asked me to work tonight which is my night off but I said no, can they change my schedule and put me down as working?

I have just worked 60 hours. And I am scheduled off today and tomorrow.

Asked on February 8, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, as a general matter, an employer may set hours and shifts--including making last minute changes, having employees work on their days off, having employees work back to back shifts or very large numbers of hours, etc.

1) If there is a contract, however, including a union agreement, which sets hours, shifts, days off, etc., the employer must follow its terms.

2) If the employee is hourly, (s)he must be paid for all hours worked. If the employee is not exempt from overtime--and with very few exceptions, hourly staff are not exempt--the employee must be paid overtime for all hours over 40 worked in a workweek.


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