I am in a saleried position in a large retail chain. I work 48-50 hours per week. (48 manditory) My availability is complete except that I cannot work between 6-11pm Tuesdays and Thursdays. Our shifts are 11 hours with an unpaid hour lunch. So generally, we are scheduled to work three different shifts: Open - 5am-4pm, Midday - 9am-8pm, or Close - 12pm-11pm.

Within the past four weeks I have been scheduled to close at 11pm and open the next day at 5am SIX TIMES. It is getting old and my HR will not provide me with any policy on if this is allowed.

Is it legal to only have 6 hrs between shifts in PA?

Also, the manager who makes the schedule has commented on the fact that I bring the situation upon myself because of my availability. She knows that I go to religious meetings on those evenings. Combining this comment with others pertaining to my religion, I was wondering what it takes to accuse a company of religious descrimination.

Please help me answer my questions. I have searched the state and federal labor sites and have only found stipulations for Nurses and Police. Also, some states have rules about hours between shifts when it may present a safety hazard, such as drivers, operators, ect. I do operate equipment up to and concluding forklifts in public areas. I would appreciate applicable information or ideas you have.

To the best of my knowledge PA has no law requiring any particular number of hours between shifts. So yes, it is legal to have only six hours between shifts unless there is a law specific to your industry.

You would need some kind of evidence that you are being poorly treated BECAUSE OF your religion to bring a discrimination case.

my husband works for a good company here in pa.. his normal hours are second shift which is 4 pm to 1230 am or later... my problem is that he went to work today and was told that his shift has to work dayshift for the next possible 3 weeks... my question is that most guys that he works with only is going to get atleast 3 hours of sleep tonight before going back to work at 6 am to when ever?? is this legal that they are only getting this much sleep before going back in at 6 am?? i know i am going to have the problem along with most of the wives have if my husband hurts himself to please them.. :confused: :( :mad:

my husband works for a good company here in pa.. his normal hours are second shift which is 4 pm to 1230 am or later... my problem is that he went to work today and was told that his shift has to work dayshift for the next possible 3 weeks... my question is that most guys that he works with only is going to get atleast 3 hours of sleep tonight before going back to work at 6 am to when ever?? is this legal that they are only getting this much sleep before going back in at 6 am?? i know i am going to have the problem along with most of the wives have if my husband hurts himself to please them.. :confused: :( :mad:
Yes, I am afraid that it is legal. I maybe wrong, but I think, if he puts in his 8 hours, and has to go back, he should get overtime for that. If it is the whole shift or not, I do not know. The only ones protected by a law, for working without so many hours between shifts, are like airline pilots. If anyone refuses to do this, they could be disciplined, and even fired for not doing as they were told by thier boss. So sorry!

thank you ... he does get the overtime pay but with him going to daylight he loses his 50 shift difference now for 3 weeks .. now is this legal?? i dont see it right since he didnt ask to go onto 1st shift as he was forced.. all do to the product not coming in on a regular basis.. one more question before i leave do they have to give a notice before tell them that they have to change shifts?? :confused:

thank you ... he does get the overtime pay but with him going to daylight he loses his 50 shift difference now for 3 weeks .. now is this legal?? i dont see it right since he didnt ask to go onto 1st shift as he was forced.. all do to the product not coming in on a regular basis.. one more question before i leave do they have to give a notice before tell them that they have to change shifts?? :confused:
Yes, unfortunately, he is not entitled to the extra 50 cents night time differencial pay. He does not have to have notice of this. An employer could come to him as he is leaving his regular shift, and tell him of the shift change. Sorry again! There are certain laws in California that are different than here, so if I am wrong on something, I apologize, and someone will correct me if I am. Good luck with this!

Sprintgirlie is in PA. ;)

Sorry, though, OP, turbowray gave you the right information. Since shift differential is not required by law, the employer can determine when it is payable and when it is not.

OTOH, I agree with you that 3 hours of sleep on a consistent basis, is NOT safe for the workers or the company. Unfortunately, what I think, and what appears logical to both of us, did not make it into law, so this isn't illegal.

One stretch, though, what type of work does he do?

Although the law does not require any amount of time off between shifts many of the Insurance companies that carry their workers comp ins do. I was told by a previuos employer that because their Insurance company considers anyone that has worked more than 12 hrs to be a safety hazard we were not aloud to work more that 12 hrs. Otherwise they didnt care how many hrs we worked just no more than 12 a day. I had to write someone up for working 14 hrs once.

This thread originated in 2006. I suspect the issue has been resolved by now.