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#1
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Hi, I would like to know how many days/weeks in advance employers are required to post work schedules? (My 17 yr old dau works at a restaurant who posts work schedules the day before that schedule starts. Her work week runs Wed to Tues and schedules that start the next day-Wed-are posted on Tues-the day before.) I've heard that employers are required to post schedules 2 weeks in advance, thus the reason for giving two weeks notice. Is this true?
Also, are employers allowed to change employee's schedules once it has been posted on the employee bulletine board w/o the employee's conscent or notification? If the employer changes an employee's schedule, is the employer required to notify the employee of such change? Would the employee be required to work the 'unscheduled' shift if they weren't notified or had knowledge of the change? (Again, my dau's work place changes their posted schedule at will w/o notification or conscent of their employees.) Thanks for your help. Last edited by jmpdk3; 06-16-2006 at 07:58 PM. Reason: typo |
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#2
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There are no laws that specify how far in advance an employer must post employee schedules. There are no laws that govern employee schedules AT ALL, except for some well-regulated professions such as airline pilots and long haul truckers. The employer does not have to ask the employee's permission to change schedule, nor does the employer have to notify the employee (although it would certainly be helpful). If the employee cannot or does not work the new schedule, the employee can be terminated.
Is it fair? Not really. It is, however, perfectly legal. |
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#3
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Thanks for the prompt answer. I appreciate your help.
I know I read two weeks notice for posting schedules somewhere but I didn't document where. I may have read it in my dau's restaurant handbook-it may be a company policy rather than a law (I hope-which means the company is breaking its own rule). As far as I read and from the tone of this site, besides receiving pay and a few benefits, employees don't seem to have many rights. Its unfair that employers & law makers keep it this way. This needs reform. Big brother needs to watch everyone's back not just the (deleted by moderator) in charge. Employees deserve to have more rights than just pay and some benefits (if they even get any). They deserve to be treated like human beings who have a life...a family outside of their job. They deserve respect. That's my two cents. Thanks again. I'm still going to look into this. I dislike my dau's employer (who used to be my employer) screwing over their employees like they are w/o a slap on the wrist or even a bad nights sleep. |
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#4
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I suspect that the two weeks you read about is a company policy as outlined in the employee handbook. Very few employee handbooks rise to the level of an enforceable contract, and almost all that I've seen include a disclaimer that states that the employer can change the policies contained therein as business needs dictate.
I disagree with your premise that employees have no rights in the workplace. All of the following laws grant employees considerable protections: The Fair Labor Standards Act -- wages and hours, child labor. Being paid for work done. The Equal Pay Act -- wages based on sex. Age Discrimination in Employment Act (ADEA) -- employees over the age of 40. Americans with Disabilities Act The Older Worker Benefit Protection Act Plant Closure Laws Civil Rights Acts -- discrimination based on race, sex, religion, or national origin. OSHA -- Basic safety issues including protection from hazardous substances and environment, and now, on a state level, even smoking and violence. Family and Medical Leave Act -- job-protected leave for serious illnesses and bonding with newborn child. ERISA -- retirement plans. If your daughter wants a schedule that will be the same week in and week out, I'd suggest that she look somewhere else besides the restaurant industry. Without knowing why the schedule changes, I would point out that if your daughter calls in sick, that likely means someone else's schedule gets changed to cover her hours. That's the nature of the industry in which your daughter has chosen to work. |
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