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View Full Version : Defining a 40 hour work week in New Jersey


robmicgina
02-05-2008, 11:06 AM
As a resident/employee living in New Jersey, is there anyone out there who can define the 40 hour work week/eight-hour work day? My wife was recently hire as a full-time employee, her and her employer signed a contract where she will work between 40 and 50 hours per week, yet the employer is scheduling her to work some sort of split-shift schedule. She was not hired as an "on-call" employee, yet her employer schedules her to come to work at 7:30am, work until 12 noon, then go home only to come back at 4pm to work the remaining eight-hour shift. She is somewhat hesitant to debate this with her employer should her employer let her go and she cannot resume collecting unemployment. I do not think her employer has the right to hire her as a full-time employee without letting her know that the employer was going to split her 8 hour day. Could someone please provide me with information related to such split-shift scheduling. This is causing issues and creating stress within our family. Thank You

cbg
02-05-2008, 11:09 AM
There is nothing whatsoever illegal about scheduling her for a split shift.

robmicgina
02-05-2008, 02:47 PM
The contract that my wife and her employer signed clearly reads "We (the employer) will strive to help employees have a balanced life and understand that family life, spiritual life and personal time are very important. Extra hours may be required." First, there is no mention of some sort of flexible scheduling where the employer can divide an 8 hour plus shift according to the employer's desires. Second, had the employer informed my wife of such a scheduling practice, she would not have accepted the job. I do not know how this is handled in other states, but I cannot imagine tha New Jersey Labor Department would allow this practice. The employer should have hired strictly prt-time employees who can be scheduled with such flexibility. Anyone else who might know New Jersey law care to reply???

cbg
02-05-2008, 02:53 PM
Your mistake is in assuming that full time always and inflexibly means 8 consecutive hours. They did not have to spell out that the shift would be divided. It said that she would work full time and she is working full time.

But since you clearly are not going to accept any answer except that the employer is required to schedule your wife the way you think she should be scheduled, I suggest that you discuss the matter with a NJ employment attorney.

ScottB
02-05-2008, 03:03 PM
I cannot imagine tha New Jersey Labor Department would allow this practice.

Then you can contact them and have them confirm that it is or is not acceptable.

I seriously doubt that the company is doing anything illegal.

robmicgina
02-05-2008, 03:14 PM
Thank you for your replies/responses. One other question: "Is there a building code or an OSHA requirement that provides for proper ventilation in public restrooms where there are no windows?" I work in a public building where ALL employee restrooms (male and femle) have no windows and little to no ventilation. Venting the restroom occurs when you open the door to let air in.

ScottB
02-05-2008, 03:21 PM
Thank you for your replies/responses. One other question: "Is there a building code or an OSHA requirement that provides for proper ventilation in public restrooms where there are no windows?" I work in a public building where ALL employee restrooms (male and femle) have no windows and little to no ventilation. Venting the restroom occurs when you open the door to let air in.

This is the OSHA standard. You will find nothing in their about windows (rare in any place that I have seen for restrooms to have windows) or ventilation.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9790

Eng&SafetyMGR
02-05-2008, 03:53 PM
Scott is correct, ventilation is not covered anywhere in the standard.

Eng&SafetyMGR
02-05-2008, 04:06 PM
As far as NJ building code, I don't have my volumes here at home however I don't recall ever seeing a requirement. I can check tomorrow.

Pattymd
02-06-2008, 04:07 AM
Scott is correct, ventilation is not covered anywhere in the standard.

All I can say is, EEEEEWWWWWWW!!!!!!!!!!! :mad: :eek:

TSCompliance
02-06-2008, 05:34 PM
I work in NJ in a human services agency, and our licensing regulations say that every bathroom must have a window or a fan that vents to the outside. This is for residences (under the Division of Mental Health, Division of Developmental Disabilities, and Department of Children & Families), but we (the company) set the standard that any health & safety standards that are applicable to our residences, we will also apply to our offices. But that's just by choice.

Aside from that, you might want to check out local ordinances in the municipality where you work. We are all over NJ and in some municipalities, we must comply with certain rules to get a certificate of occupancy. For instance, one site has to have big ugly fire doors that can't be propped open. And several of them enforce a rule about having a window or outside-venting fan in a bathroom. So check with the city or township.

In the meantime, bring in air freshener!

cyjeff
02-06-2008, 08:18 PM
And fight like hell not to have the cube next to the bathroom after lunch.....

joec
02-06-2008, 08:49 PM
As far as NJ building code, I don't have my volumes here at home however I don't recall ever seeing a requirement. I can check tomorrow.
I dont know if its in the code yet but check these babys out:
http://industrialodorcontrol.com/pc/WV/RES/Wolverine+Brand+Activated+Carbon+Vent+Filter
JoeC

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