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excessive hours? Texas

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  • excessive hours? Texas

    I am a computer support person. They did away with the night shift becuase the night people got a 10% shift differential. The night shift came to day shift. Now, we take turns working the night shift. Since we have 5 people, our schedule rotates on a 5 week rotation. Here is our 5 week schedule. work 2 weeks 8 am - 5 pm, being off the weekends. Then, we work 7 days in a row, with Sat & Sun being 12 hr shifts. We are then off Mon& Tues. We work Wednesday during the day, then work nights starting Thursday nights. We work seven nights in a row, for 12 -14 hr shifts. Off Thurs,Fri,Sat,Sun, report to day shift again on Monday morning for the day shift. Repeat schedule, though sometimes we have to work Mon,Tues,Wed during the day then start our 7 nights in a row on Thursday.

    Oh,yeah, we're also on call. Since we are not on nights for 90 days in a row, we do not qualify for the night shift differential.

    We are exempt, salaried, no overtime. Granted, it is a crazy, confused, very physically difficult schedule with all the shifting between day and nights but, is there any legal basis for us to complain?

  • #2
    Not if you are exempt. Your employer can legally ask you to work any hours they choose. Even if non-exempt it is legal, they just owe OT.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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