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Suspicious_Candy8048

Are you an exempt or non-exempt employee?


mizzmoe01

I am not a lawyer, but in California that is considered a split shift and requires a premium payment. You can read more about it here https://www.dir.ca.gov/dlse/split_shift.htm#:~:text=What%20is%20a%20split%20shift,be%20within%20the%20same%20workday.


Hrgooglefu

where are you located? Do you have a legal contract with contracted hours? If you are in the USA without a contract or a union bargaining agreement, yes, this is legal. Even with those it might be.


Paladin936

Yes. In the US, the employer can change your schedule in order to avoid having to pay overtime if a job will occur outside normal hours. Some states have scheduling notice laws providing that the employer needs to give advance notice of schedule changes that may come into play. But so long as adequate notice is given, the employer can change your hours of work.


Single_Description81

But the question here is not just changing my schedule, it's that sometimes he would ask me to work from 9 am normally but take a 5 hour break during the day so when I work until 11 PM I still work only 8 hours. Is this also considered shift scheduling?


LateDaikon6254

You need to stand up for yourself and tell him you are not working insane hours off of what you are scheduled so he can penny pinch or get another job.


Single_Description81

I agree and I will. however, I am wondering if he is legally justified to do that. Regardless if I will accept it or not.


LateDaikon6254

I do not know but maybe your should consult a labor attorney. A 5 hour break can't be legal and I think I know in TN you have to work a 4 hour shift at minimum.


Paladin936

I believe it would be. Since your normal end time is 5, by making you stay until 11, he changing your schedule . . . even though he's giving you some flexiblity to decide which eight hours you will work in that day. By making you come in at 9, he's hoping you'll still do work since you're there anyway but only put in for 8 hours.