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Forcing Shift Change in NY? New York

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  • Forcing Shift Change in NY? New York

    Is a supervisor allowed to force you to work another shift without good reason?

    Recently my boss came to me and said that he is going to make me change shifts to third shift from second shift. That he was doing so to train other people on other shifts. Thing is though that we are all already trained on the different shifts. The proof lies with the fact that he allows us to cover the different shifts when other people call off sick.

    I think the real reason is that his favorite finished school up and now wants to be back on second shift (my shift) which he gave up to attend classes several months ago. So basically my boss is making a whole bunch of people’s lives hell because one person wants a different shift.

    My boss also said that he may have me do first shift in the near future which would mean a $400 monthly cut in pay because I would loose my differential pay. Is it legal to force me to take a shift without good justification that would result in a $400 per month pay cut?

  • #2
    Unless you have a bona fide contract or CBA that specifically says otherwise, yes, it is legal.
    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.

    Comment


    • #3
      Originally posted by cbg View Post
      Unless you have a bona fide contract or CBA that specifically says otherwise, yes, it is legal.
      So your saying that it is legal to tell an employee that he/she has to take a $400 pay cut or loose their job? Are you just saying that because your for the employer and exploitation of workers or are you saying that because it is a genuine law?

      After I posted I did a search and I am now realizing that according to allot a people on this board it is pretty much legal to do whatever you want to exploit your employees...(*cough*)..."unless of coarse you have a contract." It seems to me that this board may exist to tell employers to go ahead and screw your workers. lol. Thats horrible. How do you people sleep at night?

      Well I am not so sure about that. If it were true that companies can force you to take a pay cut I think you would hear of it allot more. I have never heard of anyone, in my life, that received a pay cut.

      I guess I will just email the labor department and see what they think. Perhaps other people that are thinking of using this board, employers and workers alike should think about contacting their labor department before trusting anything anyone says here....cuz it's likely to get some people in deep ****.

      Comment


      • #4
        Originally posted by Justin2008 View Post
        So your saying that it is legal to tell an employee that he/she has to take a $400 pay cut or loose their job? Are you just saying that because your for the employer and exploitation of workers or are you saying that because it is a genuine law?

        After I posted I did a search and I am now realizing that according to allot a people on this board it is pretty much legal to do whatever you want to exploit your employees...(*cough*)..."unless of coarse you have a contract." It seems to me that this board may exist to tell employers to go ahead and screw your workers. lol. Thats horrible. How do you people sleep at night?

        Well I am not so sure about that. If it were true that companies can force you to take a pay cut I think you would hear of it allot more. I have never heard of anyone, in my life, that received a pay cut.

        I guess I will just email the labor department and see what they think. Perhaps other people that are thinking of using this board, employers and workers alike should think about contacting their labor department before trusting anything anyone says here....cuz it's likely to get some people in deep ****.
        *PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

        As far as I know, no one on this board (at least that I have seen) has claimed that he or she is a State or Federal legislator - thus no one is claiming that he or she makes the law in regard to employee rights or protections. In addition, no one on this board (at least that I have seen) has claimed that he or she is a State or Federal judge - thus no one is claiming to intepret statutes or create common law in regard to the workplace. All anyone does on this board is give his or her opinion based upon his or her experiences either working as an attorney, having experience in HR or other legal field or doing his or her own research on a legal subject.

        I'm not really sure how many company executives read this board and set employment policies based on the answers that are posted here. No one is required to post here. The best that I can tell, people post here because they believe that others can benefits from their knowledge and experience. Thus your assumption that people post their thoughts here in an attempt to "screw" employees is either misguided or simply ignorant.

        Contrary to your world view, employees do get moved around on work shifts. Sometimes they may not like that move. Sometimes employees disagree with those moves. Sometimes employees take pay cuts. Sometimes employees get fired for bad reasons. And many times, none of those decisions made by employers violate any laws.

        However, this Board does not limit your actions in any way. If you believe that you have been discriminated against, please, feel free to contact the EEOC or a state or local civil rights agency. Call the EEOC at 1-800-669-4000. Contact the New York City Commission on Civil Rights at (212) 306-5070 (in Manhatten). Go to the website at: http://www.nyc.gov/html/cchr/html/contactus.html Visit the New York State Division of Human Rights at http://www.dhr.state.ny.us/

        Good luck to you.

        Mr. Pink

        Comment


        • #5
          There is nothing in the law that prohibits an employer from changing your shift.

          There is nothing in the law that says an employer has to pay a shift differential at all. There is certainly nothing in the law that says they cannot take it away if you are not longer on that shift.

          AND there is nothing in the law that prohibits pay cuts. As long as you are being paid the higher of state or Federal minimum wage, if different, (as a non-exempt employee), or a minimum of $455 per week (as an exempt employee) your employer is legal. They cannot cut it after the fact (you cannot be paid a lower rate for hours you have already worked) but it can be cut on a go forward basis.

          But please, feel free to contact anyone you like to verify this. Do come back and tell us what the labor board had to say.
          Last edited by cbg; 09-03-2008, 05:29 AM.
          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.

          Comment


          • #6
            It is legal because there is no law that says your employer can not rearrange your schedule or change your rate of pay going forward. Just because no one you know has ever gotten a pay cut does not mean it never happens or has to be illegal.

            No one here said they agreed with the policy or have done the same, simply that it isn't illegal. If you don't like the current laws, talk to your legislature. Don't blame the messenger.

            http://www.dol.gov/dol/topic/workhours/nightwork.htm
            http://www.dol.gov/elaws/faq/esa/flsa/015.htm
            http://www.dol.gov/elaws/esa/flsa/screen6.asp
            http://www.dol.gov/esa/whd/flsa/faq.htm
            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.

            Comment

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