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UT or fed laws on minimum hours between shifts

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  • UT or fed laws on minimum hours between shifts

    Here's the situation: My boyfriend does physical labor in a hotel, working 5-6 days a week, scheduled from 6am - 2pm (though they usually make him stay a few hours later...) Now they are trying to make him work 4pm - 2am and then back again at 6am. Is there some kind of Utah or federal law that says he has to be allowed so many hours between shifts? They also make him work doubles - sometimes more, then expect him back in just a few hours! Someone please help, he's completely exhausted because he hasn't been able to sleep! He's been hurt on the job because of exhaustion and I'm worried that he'll be hurt again - and not just a concussion this time!

  • #2
    Time Off

    Unfortunately, there is nothing that requires a minimum amount of time between shifts for positions as that held by your husband, as long as he is paid appropriately.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      Are there any laws applicable to full time hourly workers that require a minimum amount of time between shifts?
      Last edited by Kevin L. Anglin; 08-16-2006, 08:48 PM.

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      • #4
        Kevin, if you're also in Utah, generally speaking, no. The only general exceptions are for certain types of jobs relative to the public safety, such as airline pilot, interstate truckers, some nurses. What do you do and what type of hours are you working?
        Last edited by Pattymd; 08-17-2006, 03:37 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I work as a Deli worker in a Wal Mart in Texas. My hours have varied shifts and are between 38 to 42 hours a week. I will also mention that I have a medical condition which is bipolar I disorder. I am presently applying through ADA for resonable accomidation that requests 12 hours between shifts to help me work with my condition. My Doctor has written a note to that effect. I thought 10 hours was enough, but he said 12 was right for me. Also he askes for no more than 6 consecutive days of work without a day off. I was told by the Wal Mart personel office that the 'no more than 6 consecutive days of work without a day off' is allready Wal Mart policy. They did not say if the 12 hour between shifts was policy or not. Concerning hours, what do you know about this for Texas, and about the ADA application, what can you tell me about this?

          Thanks for your help, Kevin

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          • #6
            There are NO Federal laws and NO laws in any state requiring any specific number of hours off between shifts. You could legally be required to work back to back shifts if the employer wanted.

            There are exceptions, but they are industry specific when there is a public safety factor (airline pilots, truck drivers, in some states nurses). These exceptions do not apply to deli workers.

            The ADA also does not require any specific number of hours off between shifts. IF your condition qualifies under the ADA (which has not yet been definitely established) it MIGHT be considered a reasonable accomodation to grant you a standard schedule. Note that the ADA does NOT require your employer to provide you with the accomodation you request or even the one your doctor recommends.
            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.

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            • #7
              Thank you for your information. It is very helpful. I do believe, though, that bipolar disorder is considered a disability by the ADA. Is this not correct?
              Last edited by Kevin L. Anglin; 08-17-2006, 11:19 AM.

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              • #8
                The ONLY condition that is automatically considered a disability under the ADA is HIV/AIDS. EVERY other condition, without exception, has to be considered on a case by case basis.

                Bi-polar disorder CAN be considered a disability under the ADA. That does not mean that every person with bi-polar disorder is eligible for ADA protection. It depends on whether or not YOUR particular case of bi-polar disorder affects a major life function for YOU.
                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.

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                • #9
                  By definition biopolar disorder effects major life functions.
                  Last edited by Kevin L. Anglin; 08-17-2006, 11:54 AM.

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                  • #10
                    I have a very close friend with bi-polar disorder and it does not affect any of her major life functions sufficiently to need accomodation as long as she takes her medication.

                    But even if your definition is correct, that does not change the fact that it has to be looked at on a case by case basis.

                    What major life function is affected for you?
                    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.

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                    • #11
                      While medications help, it, as all most all bipolar's know, does not always work. Most bipolar's (and I am not talking about simple cyclothmic disorder) doctors struggle often to try to manipulate medications in order to give the patient a shot at a normal life and it often, if not most of ther time, does not work. Perhaps your close friend does not confide this with you. My affected major life function is extreme depresion with alternating moods of mania and extreme iritability. The medication works only part of the time. I think this is true in most cases. That is why a true bipolars need reasonable acomidation if they request it. Never-the-lest I understand the law now and what applies to me, thanks to your help. Your site is appreciated.

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                      • #12
                        Trust me, I know far more about my friend's life and situation than I want to. And major life functions are things like walking, talking, use of arms, hands, sleeping, lifting, etc.

                        But I'm glad you feel as if you have a better understanding now.
                        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.

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                        • #13
                          Cbg, does cognitive function fall under that category as well?
                          Never, under any circumstances, take a sleeping pill and a laxative on the same night.

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                          • #14
                            It's possible, if you are referring to the definition of major life function.
                            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.

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