A friend of mine works at a wholesale nursery and landscape company in Kentucky. I don't know if the employee signed a contract upon hire, or if the expectation that employees would work Saturday half-days, and be dismissed early on a weekday, was appropriately conveyed by the employer upon hire and anytime subsequently. But it seems obvious that the employer is avoiding paying overtime by adjusting the hours this way. In considering the legality of this, would one question be: is the employee in his/her rights to refuse working the Saturday(s), instead remaining the full 8 hours each weekday, or will s/he incur some penalty from the employer? Thanks for your help, Nisia

The employer controls the hours employees work, not the employees. It is perfectly legal for the employer to adjust schedules in the workweek so that employees do not work over 40 hours. If the employee refused to come into work on a scheduled day, or even if requested, the employer can discipline him/her up to, and including termination.

I am in a similar situation in KY as well. I work for a local community college and I hired in with the understanding that my hours would be M-F 8-4:30. I hired in as an exempt employee, but later was changed to a non-exempt employee. Since changing to non-exempt my boss has been forcing us to work alternate schedules to keep us from getting overtime. Now, I have been told that I will work Mondays, Wednesdays and Fridays at my normal schedule of 8-4:30, but on Tuesdays I will work 11am-9:30pm and on Thursdays I will work 8:30am-5pm... Is this legal???? I just can't see how it is legal to change someone's schedule from days to evenings just because...

It is legal because the law does not prohibit it. The employer has no legal obligation to allow an employee to work overtime and in the absence of a contract that says otherwise, has the legal right to change an employee's schedule at will.