If my doctor has me on 8 hour shifts but I have had to work longer and now they need me for 6 days this week, is that legal?

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If my doctor has me on 8 hour shifts but I have had to work longer and now they need me for 6 days this week, is that legal?

My boyfriend broke his leg and his doctor put him on 8 hour shifts instead of the 10 hours he usually works. He has had to stay late and now this week, they want him to come in on his day off. Are they able to legally do that?

Asked on February 13, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, the employer almost certainly can do this. To begin with, employers have the right, subject only to any employment contracts, to set hours, shifts, days off, etc.--which includes the right to make employees work late or on their nominal or normal days off. (If the employee is hourly, he must be paid for all hours worked, of course; and if he is eligible for overtime, he must be paid overtime as applicable--i.e. if he works more than 40 hours in a week.)

Second, a doctor's note has no general legal effect. The doctor is not a executive or manager at the company--he has no authority to bind it or to tell it how to employ or deploy its people.


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