Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

4 day work week Louisiana

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 4 day work week Louisiana

    blah I give up
    Last edited by rugman1969; 01-06-2014, 06:29 PM.

  • #2
    When you are talking about things like vacation, sick time and holidays, you need to remember that under no law in the US is a non-exempt employee entitled to any of these. In most states, including LA, most non-exempt employees of a private employer can be required to work 365 days a year without violating a single law. It is also legal for the rules to be different for the boss and/or managers and supervisors than they are for rank-and-file employees, or to be based on whether you are full time or part time. Your schedule can be changed to full time temporarily without changing your benefits status.

    With that in mind, the answers are:

    Is this legal? Barring a legally binding and enforceable contract that expressly states otherwise, yes. This is based on what you have posted; it is not impossible that additional details could possibly change the answer. It is also possible that additional details will not change the answer at all.

    Can I refuse to work the 5th day without repercussions? You can refuse to work the 5th day in that we no longer permit slavery, but I'm afraid you can't do it with no fear of repercussions. Remember, neither the Federal government nor the state of Louisiana cares whether you work 4 days a week, 5 days a week or 7 days a week, and neither entity cares whether you are granted vacation time or holidays as long as no discrimination laws are violated. From what you are telling us, they are not. The employer, not the employee, decides what hours to schedule you for. The employer may decide that if you don't want to work the fifth day, he'll fire you and hire someone who will. That would be legal.

    Can he legally force me to work a 5 day week without me receiving the benefits of a 5 week employee? "Force" is an ugly word. Let's say that he has no legal obligation to change your benefit plan for a temporary, or even indefinite, change to your schedule. Again, remember that he, not you, decides on what hours to schedule you for.

    Can I legally refuse to work the OT Same answer as above. You can refuse to work the overtime, but not without repercussions.
    Last edited by cbg; 10-18-2013, 11:24 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


    • #3
      Thanks for the detailed answer.
      Last edited by rugman1969; 01-06-2014, 06:30 PM.

      Comment


      • #4
        While I think that Rugman may face repercussions for not working the 5th day, since Rugman is already working 4-10 hour days, wouldn't that mean Rugman gets overtime?
        I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
        Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
        I also may not have been either sane or sober when I wrote it down.
        Don't worry, be happy.

        http://www.rcfp.org/taping/index.html is a good resource!

        Comment


        • #5
          If he works over 40 hours in a week, yes.

          But nothing in Rugman's post suggests that he is not being paid overtime when worked. He asks if he can refuse to work overtime with no repercussions because he thinks he is entitled to a four day work week, but he says nothing about not being paid the OT when it is worked.
          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
            Agree, OT (in this state) is after working over 40 hours in the work week.

            (Ca. for example it's possible to get OT after 8 hrs. in a work day etc.)
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              blah i give up
              Last edited by rugman1969; 01-06-2014, 06:31 PM.

              Comment


              • #8
                I have already answered your question. The answer to your question is No. You are NOT legally entitled to refuse the extra day without having to worry about being fired. You CAN be fired for the refusal and it WILL be a legal firing.

                Your understanding is NOT correct.
                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


                • #9
                  Agree/concur with cbg - her answer is correct.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    You have not lost any benefits hours since the total hours given remain the same. This is no different that if you were a 5 day a week employee and were told to come in on a weekend day.

                    Comment


                    • #11
                      Originally posted by HRinMA View Post
                      You have not lost any benefits hours since the total hours given remain the same. This is no different that if you were a 5 day a week employee and were told to come in on a weekend day.
                      Benefit hours lost are paid holiday hours. We do not receive them anymore since the 4 day work week was introduced.

                      Comment


                      • #12
                        Which is almost certainly legal. There is no external legal requirement in your state that employers pay holiday pay.
                        "Reality is that which, when you stop believing in it, doesn't go away".
                        Philip K. **** (1928-1982)

                        Comment

                        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                        Working...
                        X