Can my employer do this?

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  • SuperBowlNachos
    All Star
    • Jul 2004
    • 10218

    #1

    Can my employer do this?

    I work for the great company of walmart

    They have me scheduled until 10pm one night, then back on 6 hours later at 4am.

    I was thinking they should not be allowed to do that. Two 9 hour shifts 6 hours apart in the middle of the night?
  • SuperBowlNachos
    All Star
    • Jul 2004
    • 10218

    #2
    Re: Can my employer do this?

    If anyone knows the actual labor law it would be nice to know so I can shove it in their face if they give me any trouble about changing it.

    Comment

    • PVarck31
      Moderator
      • Jan 2003
      • 16869

      #3
      Re: Can my employer do this?

      I have always hated that crap. I had to deal with that many times when I was working retail. One time while I was working for______
      they had me scheduled until 1am. I didn't get out till 2:30am, then I had to be back at 6am. I called off that morning and got fired.

      Im not sure about laws with this. I actually don't think there are any. I think it may be only for hours in a week, and overtime.

      Comment

      • mgoblue
        Go Wings!
        • Jul 2002
        • 25477

        #4
        Re: Can my employer do this?

        are you over 18? I mean I've worked 24 hours straight before coding to meet a deadline (obviously a rare and isolated situation, but it happens...same with middle of the night calls)....I don't know the law but I don't think it's illegal for an adult to do that...sure, the shift may suck, but I doubt it's illegal.
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        • Miles_Yuhas
          MVP
          • Mar 2004
          • 2689

          #5
          Re: Can my employer do this?

          If your 18, they can pretty much schedule whatever they want in terms of hours.

          Comment

          • Chaos81
            Hall Of Fame
            • Mar 2004
            • 17150

            #6
            Re: Can my employer do this?

            I don't think there is a law that prohibits them from scheduling your shifts so close together. The only exception that I know of is for jobs like a pilot, truck driver, that kind of thing. In retail I think you're just going to have to deal with it.

            Comment

            • TimmeH
              Cult of Personality
              • Jun 2003
              • 4588

              #7
              Re: Can my employer do this?

              When I worked at Kmart, it was against the rules to have two shifts scheduled less than eight hours apart. I don't know if that was a law or just a store rule though. They broke that rule on many occasions anyways...lol.


              It's retail. If you're going to work it, you better be flexible with your hours because that's just how the scheduling is in that field
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              • Scottdau
                Banned
                • Feb 2003
                • 32580

                #8
                Re: Can my employer do this?

                I think there is. Especially when it is only 6 hours difference. I know at Safeway I had to be off for 12 hours or longer. I can't remember that far back.

                Comment

                • DakkoN
                  All Star
                  • Sep 2006
                  • 5611

                  #9
                  Re: Can my employer do this?

                  Originally posted by Chaos81
                  I don't think there is a law that prohibits them from scheduling your shifts so close together. The only exception that I know of is for jobs like a pilot, truck driver, that kind of thing. In retail I think you're just going to have to deal with it.
                  I was about to post the same thing. My stepdad drives for Schneider trucks and he is only allowed so many hours a week because of a possible accident happening due to a driver getting sleepy. I think he is limited to 70 hours a week
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                  • Bighoff
                    The Bird is the word
                    • Jul 2002
                    • 5312

                    #10
                    Re: Can my employer do this?

                    If you have no union at Walmart they can pretty much work you how ever they want to, it sucks but that's life.
                    I've heard this "patience is a virtue" junk all my life. I'm happy to say I have no virtue, no scruples, and no desire to wait too long for anything. In my humble opinion instant gratification takes too long!

                    Comment

                    • Chaos81
                      Hall Of Fame
                      • Mar 2004
                      • 17150

                      #11
                      Re: Can my employer do this?

                      Originally posted by Scottdau
                      I think there is. Especially when it is only 6 hours difference. I know at Safeway I had to be off for 12 hours or longer. I can't remember that far back.
                      There's no federal law against it from what I can tell. There could be a state law, but the Texas labor website is horrible, and I can't find anything that covers this.

                      Comment

                      • Scottdau
                        Banned
                        • Feb 2003
                        • 32580

                        #12
                        Re: Can my employer do this?

                        Originally posted by Chaos81
                        There's no federal law against it from what I can tell. There could be a state law, but the Texas labor website is horrible, and I can't find anything that covers this.
                        I think because we had an union.

                        Comment

                        • rockchisler
                          All Star
                          • Oct 2002
                          • 8290

                          #13
                          Re: Can my employer do this?

                          Follow me on this one..War of the Worlds Tom Cruises character Ray and Sal the Supervisor at the beginning of the movie. In a nut shell

                          Sal-Ray I need you back in 4 (hours) instead of 12, I have half of Korea coming in.
                          Ray- Im on a 12 hour blow, Get Pedesco to do it
                          Sal- Pedesco cant unload 40 containers in a hour
                          Ray- Sorry Sal ******* union regulations.

                          With that being said If you dont have a union or are not part of one they can do whatever they want. Im a Production Supervisor So I have to know the uaw handbook.
                          Also I watch War of the Worlds b4 I go to bed every night So I can pretty much quote the movie word for word. Only thing Federal is I believe they have to pay overtime after 40 hours. But Im not sure, it is for Union employees.
                          Last edited by rockchisler; 08-06-2008, 11:43 PM.
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                          • callmetaternuts
                            All Star
                            • Jul 2004
                            • 7045

                            #14
                            Re: Can my employer do this?

                            Dont think its illegal unless you are driving or flying (safety reasons), but im not a labor law expert
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                            • superjames1992
                              Hall Of Fame
                              • Jun 2007
                              • 31382

                              #15
                              Re: Can my employer do this?

                              Originally posted by Chaos81
                              I don't think there is a law that prohibits them from scheduling your shifts so close together. The only exception that I know of is for jobs like a pilot, truck driver, that kind of thing. In retail I think you're just going to have to deal with it.
                              Truck drivers and train engineers can only drive 12 hours straight. Believe it or not, I don't believe there is a law about pilots. My dad has worked 18-20 hours straight, then turned around and had a short overnight of only four hours of sleep to fly another 16 hours the next day. You'd think a pilot would be the most important to get the sleep being that he could kill hundreds of people if he fell asleep while flying. Luckily, the other pilot would hopefully not be asleep, but still...

                              Also, here is an interesting tidbit. Anytime you see a pilot, he's not getting paid. Pilots only get played when the doors are closed and the plane's engines are on. It's strange.
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