Any one know labor laws??

EdiePA

DIS Veteran since 1997
Joined
Aug 18, 1999
Messages
1,144
I work for a major corporation as a pharmacist -- we aren't part of a union, so I don't know what my rights are.

A co-worker, the person in our pharmacy with the most seniority, recently moved an hour away from our worksite. Our schedule rotates from day-to-day between working a 7am-3:30pm shift, or a 8am-4:30pm shift, or a 9:30am-5:30pm shift or a 1-9pm shift. Plus, we work every sixth weekend. Now, the co-worker who moved, doesn't like the commute and has asked out supervisor to allow him to work 8:30am to 5pm every day. Which means the rest of us will have to pick up the scheduled nights, etc., that he won't be covering.

Is preferential scheduling for one employee allowed? Hey, I'd like to stop working my one night a week and I'm not that crazy about the 7am shift, either. If my supervisor does allow this, do I have any recourse?

Thanks,
Edie
 
Honestly, I think your only recourse would be to look for a new job - assuming your boss actually grants the change in hours. But, yes, preferential treatment to one employee is "allowed".
 
Sorry, I think you are out of luck. I also worked a job with multiple shifts, and giving a senior employee their choice of shifts, and no late nights, was very common.
 
You might want to go to your HR office and ask someone there. Also, is there an "Employee Manual" which gives policy and procedures which might cover something like this action.
 

I think you're probably out of luck. If you were part of a union, you'd probably have some recourse there, but you aren't, so. Sorry. :(
 
Really it all boils down to one's worth to the company. If the co-worker is felt to be an asset that they do not want to lose, and his/her value is placed above you, well there isn't much you can do other than move on.

There are no labor laws that cover that at all. It is strictly company policy that can be changed at any time the employer see's fit. The company can set schedules and the only real choice you have is to go along with it or move along. That is the long and the short of it. Sorry! Many people mistake labor laws with internal policy. The government does not interfere with internal policy and the only real laws that apply would be those governing disabilities, race, age and gender discrimination, minimum wage and over 40 hour work weeks (overtime) for non-exempt employee's. That last one doesn't say that you won't be required to work over 40 hours per week, just that they have to pay you time and a half if you do and are non-exempt.

If you are an exempt employee they can work you as many hours as they like as long as the total hours divided into the salary at least equals minimum wage at straight time. Another common misconception is that the labor boards will fight for your rights. They will not. They will investigate and let you know if they think you have a case, but it is usually up to you to initiate legal action and at your expense win or lose.

The exceptions might be child labor laws or something that might be classified as a form of slavery.
 
Sorry, I think you are out of luck. I also worked a job with multiple shifts, and giving a senior employee their choice of shifts, and no late nights, was very common.

I agree-you see this a lot in the nursing field. After a certain number of years, nurses (at least around here) are generally able to pick their shifts and don't have to work holidays any longer. Seniority counts for a lot. Even in schools you find the most senior teachers get to pick the classes the want to teach. It is a perk of staying with a company for a long time.
 
that is just the way it is. bosses will accomodate good employees. and i think they should actually.
 
In short: Yes.

Plus you aren't really entitled to know why they have a modified schedule.

My husband's former employer did this sometimes and it was always on a case by case basis. And just b/c one person had it, didn't mean someone else was automatically entitled to it.

However--ethically, their pay should be modified accordingly if he is working reduced hours (IMHO). My husband's employer does this for all salaried employees. Their salary is adjusted based on the modified schedule. My husband personally did this when he first started. A snafu with a class that is unneeded for his degree but at the time required was kicking his butt. He was able to switch to the latest catalogue year that removed that class. But he had to take a seminar. I think his work week ended up beging 30 hours and he commuted up to Gainesville to take the seminar. (6 hours RT).

It would be no other employees business that he did this. Though in his case they were commiserate over Thermodynamics and the havoc it caused among software engineers who had no need for it.

I would let it go as you are not being treated unfairly. Otherwise it will affect you at work.
 















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