Can my employer require me to only have 2-3 days off per month when I initially was only supposed to work 5 days a week?

UPDATED: Sep 30, 2022

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Can my employer require me to only have 2-3 days off per month when I initially was only supposed to work 5 days a week?

I used to work M-F at 40 hours but then they took on more business, so required us to

Asked on March 18, 2016 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Do you have a union agreement or employment contract that prohibits your being sheduled for these hours? Is this action contrary to stated company policy? Does your treatment constitute some form of legal discrimination? If not, then scheduling you to work the additional time is prefecly legal. The fact is that in "at will" employment arrangements, a company can set the conditions of the worklace much as it sees fit. This includes expanding an employee's scheduled hours. That having been said, if you are an exempt employee, then you are entitled to ovetime pay for any hours worked over 40 in a week or, in CA, for any hours over 8 worked in a single day. Unfortunately, your only recourse here is to either comply with the new schedule, compalin and risk termination or quit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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