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Tennessee shift questions, and pay amount

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  • Tennessee shift questions, and pay amount

    I work at a company that is active 24/7, But I have a couple of questions. If you are hired in as part-time can they make you work full-time hours without listing you as a full-time employee?

    My second question is with my department being a 24/7 job, can they make you work 12 days without a day off and then after only one day off, can they make you work another 6 days after that one day... especially while on third shift?

    Also, if you are able to be fired by sharing how much you get paid, but somehow find out that another employee who has just been hired under you about 4.5 months after you is making more money than you for doing the same job, is there anything that can be done about this unfair treatment? And also, if that employee was told they'd get a 25cent raise after being there for 90 days and you haven't recieved anything of the sort, is there anything to do about that either?
    Last edited by Amadriedith; 02-27-2007, 04:31 AM.

  • #2
    1. Generally speaking, yes. There is no law that defines "full-time" and "part-time"; it depends on the company definition. The only time there could possibly be a violation of law (and it would be ERISA, I believe) would be if you were not changed solely to not have to offer you benefits.

    2. Yes. Again, for general occupations, there is no restriction in Tennessee or federal law requiring a certain number of days off between shifts, a certain number of hours off between shifts, or the number of days that can be worked consecutively.

    3. Under the NLRA (National Labor Relations Act), the employer may not prohibit you from telling another employee how much you make, or another employee from telling you how much he makes. But if you tell another employee how much a third employee makes, you can legally be fired for that. How did you "find out" how much the new employee makes? There are many reasons for one employee making more than another employee doing the same job, including experience, education, negotiating skills, and market rates.

    Regarding your raise, unless it is guaranteed by an enforceable employment contract or under a collective bargaining agreement, there is no law that is going to force the employer to give you a raise. This is something you will have to work out internally.
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