Changes to My Work Schedule by my Employer
An employee’s work schedule is an important factor in planning out their expenses, free time, and child care. Here’s everything you need to know about if an employer can change your work schedule.
An employer can make changes to an employee’s work schedule. Depending on the local, state, or federal labor laws, an employer may or may not have to give advance notice of schedule changes.
Changes in Work Schedule
Under the Fair Labor Standards Act (FLSA), an employer has the legal authority to change an employee’s work schedule so long as the employee is over the age of 16. Changes to an employee’s work schedule may include a switch in shifts, an increase or decrease in the number of hours, and even the employment description.
If an employer and an employee have a prior agreement concerning the work schedule, the employee must consent to any intended changes.
Notice for Last Minute Work Schedule Changes
An employer may need to give advance notice of intended changes to an employee’s work schedule depending on the state laws where the employment is located. Some states have adopted predictive scheduling laws which require employers to provide employees with at least 24-hour notice of any changes to their schedule.
Related: Who Is Protected By the Fair Labor Standards Act?
Restrictions to Changing an Employee’s Work Schedule
During certain situations, an employer is unauthorized to change a work schedule.
Situations warranting a work schedule change include:
1. FMLA leave
When an employee is on leave covered by the Family Medical Leave Act (FMLA,) an employer cannot change the employee’s work schedule. Once the employee returns to work after their leave, they must receive the same working conditions and schedule.
2. Conflicts with local, state, or federal laws
If the local, state, or federal labor laws prohibit last-minute changes to an employee’s work schedule, the employer must follow the laws.
Related: How to Sue an Employer for Unpaid Overtime
3. Limitations of an industry
Some industries prohibit employers from changing certain aspects of an employee’s schedule. Certain work fields have a limited legal number of working hours for employees, and the law prohibits employers from scheduling additional hours or shifts.
4. Scheduling without proper compensation
Employers must compensate part-time employees or non-exempt full-time workers for overtime by law. Employers can only add more hours to an employee’s schedule if they receive compensation.
FAQs About if an Employer Can Change Your Work Schedule
How do unpredictable scheduling practices affect employees?
When an employer applies unpredictable scheduling practices, an employee may face a lack of stability in their life. Having unpredictable changes to a schedule may make it difficult for employees to balance other time commitments such as child care, a second job, and medical care.
Can I sue my employer for changing my work schedule?
An employee may file a lawsuit against their employer if their change of schedule falls under situations where an employer is unauthorized to make schedule changes.
Can an employer make changes to my timesheet?
An employer may change an employee’s time records to accurately reflect the hours worked and their wages. However, the FLSA does not allow employers to take away hours an employee has already worked.
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