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

Announcement

Collapse
No announcement yet.

No specified shift length

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

  • No specified shift length

    My restaurant schedules in times, but no shift length. Is that legal? If it's busy you could be there for as long as they need you, but if it's dead they'll send you home after an hour, sometimes right away if they think it won't pick up.

    Edit: California.
    Last edited by davto; 06-23-2011, 06:06 PM.

  • #2
    davto, you added your question to another poster's thread. You should
    have started your own new thread. I will start one for you. You should
    also have furnished the name of your state.
    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


    • #3
      But the answer to your question is yes, that is legal. There is no legal requirement that there be a specified shift length.
      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


      • #4
        If there is no specified shift length then how can they be held responsible for reporting time pay, or is that just not an issue if there is no specified shift length?

        Comment


        • #5
          From the CA-DLSE manual.

          45.1.3 “Employee’s Usual Or Scheduled Day’s Work.” If an employee has no regularly scheduled shift, then the usual shift worked by the employee (but in no event less than two or more than four hours) must be paid. However, if an employee has a regularly contracted “scheduled” relief shift* of less than two (2) hours the reporting time penalty is not applicable. However, in such a situation the employee must be paid for the regularly scheduled contracted amount.
          That is as close as I can get you. You will need to talk directly to CA-DLSE if you need something more on point.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            I didn't answer the OP's question originally when moving to new thread due to
            the possibility of reporting time pay being involved - needed state first.

            (though it is legal to have no specified shift length)
            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

            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