can an employer change the schedule that an employee has been used to working for many years?

Question

Dear Sir:

I have been at my job many years with at least most of these years working 8 or more hour shifts until the business closes. Recently, new management took over and they changed by schedule and some days in the week they send me home early after only a few hours. I feel that they over hired and there is not enough hours for everyone. And this afftected the schedule that i was used to working for many years. Can a business do this to long term employees, because it does not seem right to change an employee's schedule who has dedicated their life to helping the company. Also, there have been days where they scheduled me to work double shifts, which I have difficulty doing with a herniated disc permanent disability. Is this allowed. And does the Florida Statute 448.01 below state that when I work more than 10 hours in a day that I should receive more than my normal hourly wage for every hour over 10 hours? 448.01 Legal day's work; extra pay.-- (1) Ten hours of labor shall be a legal day's work, and when any person employed to perform manual labor of any kind by the day, week, month or year renders 10 hours of labor, he or she shall be considered to have performed a legal day's work, unless a written contract has been signed by the person so employed and the employer, requiring a less or greater number of hours of labor to be performed daily. (2) Unless such written contract has been made, the person employed shall be entitled to extra pay for all work performed by the requirement of his or her employer in excess of 10 hours' labor daily.

Answer 1

You are employed at will and probably can be fired for any reason other than a legally protected one: race, religion, color, sex, age, whistleblower status, labor union activity, etc. Some states add other protected criteria. The ADA adds disability and you probably can't be fired for asking them to accommodate your disability. (Which is not to say that nasty employers don't try to get 'round this by finding fault on some pretextual professional criterion.)

You must be paid for all hours worked, and you are entitled to overtime pay. Compensatory time is sometimes possible instead of paid time; but the overtime rules still apply.

If you have a grievance you may wish to bring it to the attention of your state labor board. You are probably protected against being fired for doing so. But I am not a Florida lawyer.

If you had a labor union they would look after you. Unfortunately Florida is not very hospitable to labor unions.

Answer 2

I have went through the same thing and unfortunately they can change your schedule due to workload fluxuations and such. Although there are some federal laws to protect you, this is not one of those cases. I have worked in management now for 6 years and to be quite honest the employer has pretty much the right to do what they want excluding harrassement, racial prefferences and such. You might want to check with the labor laws and such in your area, but I don't believe it will make any difference in your case.

I'm not sure in Florida, but in Arkansas it states the same thing only it adds that the employee MUST have exceeded 40 hours also to be eligible for overtime compensation. In other words, if you worked 12 hours for 3 days and then 4 hours the 4th day, that is only 40 hours total, so you would not be eligible for overtime compensation for the days you worked over 10 hours because you did not exceed 40 hours.

Answer 3

The company can change work shiftes however and whenever they please, fair or not.. unless you belong to a union and your union has pre-established agreements w/ the company, then you would need to go to your union rep. Not saying its fair or "right" but company wise its all about the bottom dollar...
But yes in most cases anything over 10 straight hours in a day should be considered overtime, usually paid by time and a 1/2, it dosent apply however to say you worked a 8 hour day shift 7a-3p, then leave and come back and do an 8 hour graveyard shift 11p-7a, because those are pre-set shifts, even though the hours occur in the same 24 hour period, it is considered another work day.. Some companies do however require that you have a 40 hour minimum work week before qualifing for over time pay..

Answer 4

Not sure if you are in an "at will" state or not, but do go to the labor board and your state's attorney general's website.

An employer CAN change your schedule unless you have a contract, but the pay after ten hours is certainly worth looking into. I went to the labor board here in Texas and won overtime pay. Do not be intimidated by them, they are there to help you.

Answer 5

Unless you have a written contract stating your work hours, management/owners can do whatever they want to with their employees' work schedules (add hours, cut hours, rearrange shifts). Preferential treatment of long-term employees is management's discretion; they choose whether or not to do it.

If you start throwing legal statutes at the new management, they may see you as a troublemaker and cut your hours down to almost nothing just so you'll quit. (I watched a former employer do this to a co-worker when we had new management. It does happen!)

Answer 6

Yes they can. Looks like don't think you are making a good contribution. The employer has the right to ask you not to come to work anymore, ie fire you. I would discuss, civilly, with your boss why they have scaled you back in favor of another? Or more importantly if they are dissatisfied with your performance what changes would they like to see from you to become full time again.

Answer 7

Unless you have an employment contract your employer is under no obligation to maintain your previous work schedule. I'm not familiar with Florida's overtime laws so I'd check with your states Ohmbudsman or similar office about overtime.