Can A Company Make You Work Past Your Scheduled Time?

by | Last updated on January 24, 2024

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There is nothing illegal about an employer requiring you to stay past your scheduled shift

. However, if you are a non-exempt employee (entitled to overtime), you must be paid for this extra time.

Can my employer make me stay late?

Employment in the United States is “employment at will

Can my employer force me to stay past my scheduled shift?


There is nothing illegal about an employer requiring you to stay past your scheduled shift

. However, if you are a non-exempt employee (entitled to overtime), you must be paid for this extra time.

How long can an employer keep you past your shift?

A work period of eight consecutive hours

over five days

with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.

Can I refuse a shift?

Employees have the right to refuse a shift change

if it interferes with the ability to perform their job

, such as lack of childcare. However, workers have the obligation to report conflicts. If the employer cannot accommodate the shift change request, workers can take the time off with vacation pay or without pay.

Can I get fired for not answering my phone on my day off?


Your employer can fire you for not answering your

phone on your day off—or for almost any other reason that does not violate contract or employment law.

Can your boss yell at you in front of other employees?

The short answer is

yes

. Law does not bar supervisors and managers from yelling at employees. But if that yelling is about or against a protected class, it may qualify as harassment. Yelling is a harassment form that depends on the situation where a person is being yelled at and what the boss is yelling at them about.

Can an employer change your schedule without notifying you?

In most places in California,

employers can change an employee’s work schedule without notice

. That doesn’t make it right, but there isn’t a law in place that requires employers to make scheduling changes within a certain period of time.

Can my boss refuse to give me a day off?

Absent that,

it is perfectly legal to deny an employee a day off

. Such time is granted at the discretion of an employer. This means that they can choose to give it or not. Basicaly, in an “at will” employment situation, an employer can set the terms and conditions of employment much as it see fits.

Can you get fired for refusing to work overtime?

Because

California is an at-will employment state

, they may fire you for refusing to work overtime. An employer may require overtime in certain circumstances, and when you refuse to work, they can terminate your contract without it being considered discrimination.

Can my employer force me to work a different shift?

Generally, unless an employment contract or a collective bargaining agreement states otherwise,

an employer may change an employee’s job duties

, schedule or work location without the employee’s consent. … The employee is ordinarily entitled to return to the same shift, or a similar or equivalent work schedule.

Can my employer change my shift last minute?

In most cases,

yes

. Federal employment laws—most notably the Fair Labor Standards Act (FLSA)—allow for a number of employer changes, including changing the employee’s schedule. … Some states have predictive scheduling laws that require the employer to give the employee advance notice of any schedule changes.

Can work change my shift pattern?

Generally, unless an employment contract or a collective bargaining agreement states otherwise,

an employer may change an employee’s job duties, schedule or work location without

the employee’s consent. … The employee is ordinarily entitled to return to the same shift, or a similar or equivalent work schedule.

Can my boss contact me when I am off?

1)

There is no law which

says that an employer may not call you when you off the clock–e.g. before or after shift, on weekends or holidays, etc. So the employer may call you.

Can I refuse to work Sundays on religious grounds?

Under Title VII, the landmark federal civil rights law,

employers may not discriminate based on an employee’s religion

. Title VII prohibits employers from making job decisions, such as who to hire, promote, or fire, based on your religion.

Is it legal for an employer to ask why you are taking time off?


No federal law prohibits employers from asking employees why they are out sick

. They are free to ask questions such as when you expect to return to work. They may also require you to furnish proof of your illness, such as a note from a physician.

Rachel Ostrander
Author
Rachel Ostrander
Rachel is a career coach and HR consultant with over 5 years of experience working with job seekers and employers. She holds a degree in human resources management and has worked with leading companies such as Google and Amazon. Rachel is passionate about helping people find fulfilling careers and providing practical advice for navigating the job market.