Is this a legitimate arguement?

Question

Say that a company works its employees to midnight or aorund there, and then they have to turn around and go back to work 6-9 hours later the next day.

Is it a legitimate (and legal) argument if you say that the company ignored health concerns? Such as, making employees work these kinds of shifts can cause significant health concerns/problems such as sleep problems, depression, and even an early death. Doesnt a lack of sleep (because the body needs an average 8 hours) cause those problems with people... I know scientists and doctors state that getting too little sleep causes health problems.

Thank you!

I know for a fact that they do this to every employee on several days of the week.

This schedule was not given to me at time of hire, therfore I did not agree with it. I agreed to working days...with an occasional night when needed.

I always thought health was a concern to employers. Such as they dont want you injured or anything so it doesnt fall back on them. Isnt there laws stating that employers must care for the health of their employees or something like that?

Ive read it lack of sleep causes obesity, sleep apnea, isomnia, and sometimes high blood pressure.

Its just the company is ignorant to the fact that people work so late...they could schedule another person the next morning. There are days (Ive had to do it) people didnt get out until 2am and had to be back at 6am. Think about it....say it takes 30 minutes travel each way (including getting ready for bed --like brush teeth, bathroom, etc). Thats 1 hour there....eating ...say about 30 minutes. Then getting ready..another 30 minutes. Thats 2 hours..... 2am to 6am is 4 hours.....minus the 2 for stuff....you get 2 hours asleep! Is that not crazy?

Answer 1

I would say it is a legitimate argument but not a strong one because someone who is on the other side can and probably will bring up the fact that the workers were hired knowing what their shifts would be and still made the concious decision to work there anyway.
Quite frankly, if this is a true case and or debate you will need of a lot more evidence to back your statement up because "lack of sleep" is not going to fly to long on the floor. Again, the workers CHOSE to work with this company and therefore willingly took on the hours. Now, if the workers were being endangered by lack of sleep, as in accidents happening on a regular basis due to workers falling asleep at thier stations then you may have an argument, but again as said before the workers are the ones who will say Yes or No to taking a shift, and depending on the company, its business and its location there will always be someone to take the job if someone says No.
The only thing that comes to mind that would possibly work would be to suggest that they hire more workers to even out the shift times?

Answer 2

Well, you don't say what time the employee needed to return the next day, but that doesn't matter too much to the answer anyway.

Generally, you can be asked to return to work after having less than eight hours to sleep.

In some states/occupations, if you are returning for a shift only few hours after the last one ended, you may be entitled to extra pay for the "split shift".

In other cases, truck driving for example, there is a required rest/sleep break after a given number of hours at work.

But most occupations don't have these types of rules.
Generally, your "health concerns" argument will get you nowhere.

Answer 3

If you knew the conditions and schedule going into this job, then you can't complain.

If they changed the schedule so it was a burden to you - well, in Canada that would be "constructive dismissal" (We changing the work conditions - like it or you're laid off) but in the USA, most states don't recognize that and most take the employer's side. It's called "right to work".

Most people get by on 6 hours sleep, so I doubt you'll get any court to sympatize with you. A company that expects that out of their employees more than once every week or 2 is asking for a workplace full of tired zombies.

OTOH, if you see multiple injuries or accidents due to tired workers, that could be a worker safety and health issue. Once the 3rd injury due to tiredness happens, contact the state's Worker Safety board.

Answer 4

There are fireman who work 24 hour shifts, and the guys out on oil rigs are effectively on-call 24-7 while on the rig. I believe the work standard is no more than 16 hours a day, with no more than 13 days work in a row without a day off. Now if an employee WANTS to work, they might skirt the rules, but if an employee DOESN'T want to... well, it might be time to look elsewhere for a job.

Answer 5

I worked for a company where we had to be at work at 5 am. We would get off between 7 and 9 pm, then would have to call back in for the 11:30 pm telecon. It is legal and some companies do not care. It usually is a bad boss that drives this kind of schedule.

Answer 6

Unless you are in a union and this is forbidden, it is not illegal. Long hours are common in certain industries such as investment banking, law, or consulting. A doctor doing residency often work 36 hr shifts so a doctor is not going to ber very sympathetic.

Bottom line is if the employee doesn't feel the long hrs are worth it, theys hould change jobs/industry.

Answer 7

I agree it's terrible, but I don't believe it's illegal. However, you need to find out what hour the company defines the work day as starting...not YOUR work day, but the company's....if it starts at midnight, and you work, say, until 2 am and then work an 8 hour shift starting at 10:00am that same morning, it counts as having worked 10 hours that day and they have to pay you overtime for the 2 hours.

Answer 8

most people sleep too long.
A kid going to high school needs up to 10 hours of sleep....college about 7 or eight......for work ..most people only need six maybe seven.....but too little sleep breaks down the immunine sysytem , which can cause some health issuses..NOT an early death.....I worked for a long time..3 jobs with little or no sleep for over one year..and it caught up to me...passed out for 3 days.....so I quit 2 jobs.......did ya know that some people can sleep for 15 minuetes and keep on going..it is all up to the individual...if you are too tired to work tell them usually 8 to 10 hours of work is enough...BUT if you are an intern at a hospital look out 16 to 20...they want you to know your stuff and see if you can take it.....IF you are in the middle of an operation...you don't stop---because you shift is up...nope ya keep on going!!

Answer 9

Labor laws involving the hours and time of day that a person can work only apply to minors, at least in Oregon.

Answer 10

If you agreed to it, then it is your fault. I think it's shift work or something. If you didn't agree to it in your application or any other sheet, then they are to be blamed. If they told you to work those hours, and you haven't argued with them, then you don't know if those fly foxes are going to say they only asked you to work, and didn't say you have to. I know when I worked at an old job, they would ask me if I was going to work on saturday, if you said yes and weren't there on the optional saturday, then they would put it as an absence.