Q & A Session – Change of Work Schedule

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

My supervisor claims he can change my work schedule anytime he wants, provided he notifies me in writing at least two pay periods in advance. For at least 15 years, I always worked 5 days a week for a total of 40 hours per work week. April through October, I have worked weekends with two days off during the week. November through March, I have had weekends off. Recently, my supervisor informed me that I would be attending work functions taking place on two consecutive weekends. He then gave an official notice that my schedule would change, so I would work the weekends of these functions and have two days off during the week. The notification stated that I would then immediately go back to having weekends off. What are the regulations regarding change of an employee’s work schedule in instances such as this?

A:

Setting your work schedule is within your management’s prerogative. They must, of course, pay you for time and holiday work as required by the Fair Labor Standards Act, assuming you are covered by it. Also, some union contracts place limits on schedule changes. Otherwise, management can schedule when it wants.

Bill Bransford is managing partner of the federal employment law firm Shaw Bransford & Roth PC.

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