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hours between shifts Minnesota

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  • hours between shifts Minnesota

    I've seen this question posted but never really found an answer to the question. Basically my employer once a week schedules me from 8AM-4:30PM and then I have to come back and work from 11PM-7:30AM the next morning.

    I am a FTE, with hourly wage and time and a half after 40 hrs per week.

    I have been told by several people that they are supposed to give me 8 hours between shifts, my work is pretty good about knowing the law, because I've seen them use it to their advantage when firing someone.

    I would really like to know because if I'm entitled the 8hrs then I want the full 8 hrs, because come 7:30AM I'm gonna be draggin'!!

  • #2
    No. There is no law requiring 8 hours between shifts for general employment. "Several people" are wrong.

    There are exceptions for certain industries where there is a public safety factor, such a long haul trucker or airline pilot. There are also some exceptions in some states for minors.

    But on the whole, with minimal exceptions, if you are an adult working for a private employer and there are no public safety issues, you could be required to work back to back shifts and it would be 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.


    • #3
      Not that I don't believe you but do you have any sources from where your getting your information? Have you called the MN labor dept? done research? guessing?

      If someone would have responded opposite of you just as quick I would be asking the same questions.


      • #4
        I have had employees in MN and am familiar with the laws there.

        In employment law, the law states what an employer must do and what he must not do. It does not state what he may do. Therefore, unless there is a specific law, and there is not, prohibiting an employer from scheduling an employee for two shifts close together, he may. There does not have to be a law giving him permission to do so.

        If you doubt me (and I am not offended; you don't know me from Eve), you are free to contact the MN DOL yourself. But I have a great deal of multi-state experience, including MN.
        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.


        • #5
          I can agree with CBG if you want an opinion from someone else that you do not know. The problem is that it is impossible to prove a negative. If there is no such rule, then there is no law or regulation saying that there is no such a rule, just the absence of such a rule. CA for example has (sort of) such a rule, called a split-shift rule. I am not saying that MN could not have a rule, but these sort of rules get discussed on places like labor law boards when people find out about them. The very first question is always "what is the legal reference?", which is maybe what you might want to ask the several people who told you that the law exists. For example, the federal rule on meals is 29 CFR 785.19. The rather goofy CA rule can be found in most of their Wage Orders, in the Minimum Wage section. (The CA rule is "goofy" not for what it does, but rather that it is a throw away sentence with no explanation). The rules on long haul truckers and commercial pilots are not labor law at all, but rather Department of Transportation rules. These rules get cited a lot precisely because they are exceptional, not common labor law practice. Certain minor children have labor law restrictions on hours worked, but this does not include shift rules, just maximum hours worked in the day or week.

          If this MN rule is a real rule, that there should be enough information for people to find it in a Google search. Someone should have an actual reference to the rule. Not having the reference is not a good sign.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)


          • #6
            Employees could have a binding employment contract or CBA requiring a minimum # of hrs. off between shifts.

            However, there is no law in Mn. (as cbg noted) that employees in "general" employment must have a min. # of hrs. off between shifts.
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