Legal Question in Employment Law in California

Is it legal for employers to not give you a specific time to get off work? Or can they just say "Your shift is from 4pm till whenever you're done"?


Asked on 5/31/10, 3:11 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

The employer sets the hours, but you are entitled to OT for anything over 8/40. You don't have to accept the OT, but the employer can fire you for refusal. The general rule is: The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 6/01/10, 11:01 am


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