If my employer asked me to work tonight which is my night off but I said no, can they change my schedule and put me down as working?

UPDATED: Feb 8, 2012

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If my employer asked me to work tonight which is my night off but I said no, can they change my schedule and put me down as working?

I have just worked 60 hours. And I am scheduled off today and tomorrow.

Asked on February 8, 2012 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, as a general matter, an employer may set hours and shifts--including making last minute changes, having employees work on their days off, having employees work back to back shifts or very large numbers of hours, etc.

1) If there is a contract, however, including a union agreement, which sets hours, shifts, days off, etc., the employer must follow its terms.

2) If the employee is hourly, (s)he must be paid for all hours worked. If the employee is not exempt from overtime--and with very few exceptions, hourly staff are not exempt--the employee must be paid overtime for all hours over 40 worked in a workweek.

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 AttorneyPages.com 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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