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Hourly shift ending? Ohio

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  • Hourly shift ending? Ohio

    New around here, but you guys seem to know what your talking about, so here goes

    I am paid hourly just above minimum wage at a retail store, at the end of my shift my scheduled shift, can the employer continue to ask me to work?

    I guess what im trying to ask is if shift schedules are like a contract? I agree to work 5-10, they agree to pay me 5-10, if work is needed after 10, I would have to agree to continue to stay right? If not, can I be fired for not agreeing to stay past 10?

  • #2
    Unless you have some type of binding employment contract to the contrary, you can be required to work past your normal shift hours & can be terminated if you do not do so. It seems you are an hourly non-exempt employee so you would have to be paid for the extra time you work.
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    • #3
      No, shift schedules are not a contract. There is no law in any state granting you the automatic or protected right to leave at the end of your scheduled shift if your employer wants you to stay. You CAN be fired for refusing to stay, and it would be legal. You do have to be paid for the time, and if it puts you at more that 40 hours for the week it is overtime. (The employer can also legally send you home early later in the week to prevent it from going over 40 hours.) But you work the hours your employer wants you to work unless you have a legally binding contract or CBA that EXPRESSLY states that you cannot be required to stay longer.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        Just be clear, there are maybe two different issues in play (hard to be sure from the way the question was worded).
        - Agreed as stated by the other responders, with very few legal exceptions such as airline pilots or minor children employees), the employer can make pretty much any employee work pretty much hours that the employer wants.
        - However parts of the question talked about "minimum wage" and "pay". If the employee is talking about working a lot more hours unpaid, then this could be a very different issue. I am not clear if that is what the employee is talking about. If so, the OP might want to ask a follow up question.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)