Is there a law on length of time between shifts?

Is there a law on length of time between shifts? (Full Version)

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defiantbadgirl -> Is there a law on length of time between shifts? (12/26/2010 6:24:40 PM)
I work the graveyard shift 3 nights a week. My schedule is Thursday 11:00PM - 9:00AM, Friday 9:00PM - 7:00AM, and Saturday 11:00PM - 7:00AM. One Friday of every month at 1:00PM, the company has an employee meeting. The meetings only last for 30 minutes to an hour, but having to go after working the night before and having to be at work at 9:00PM that same night interferes with my sleep. I asked my manager if I could be excused from attending the meetings because of my work schedule and she said no. I was told the only acceptable excuses for not attending the meetings are being on the clock and illness. Sir and our roommate think there might be a law stating that if a person works a full 8 hour shift, they have to be off work 8 consecutive hours before clocking in again (employees clock in for the meetings). Does anyone know if such a law exists?

servantforuse -> RE: Is there a law on length of time between shifts? (12/26/2010 6:28:50 PM)
I would think that every state would have different labor laws. When I worked for AT&T, there were some weeks where an 8 hour day was like a day off. 12 to 14 were the norm in a storm aftermath.

pahunkboy -> RE: Is there a law on length of time between shifts? (12/26/2010 6:35:23 PM)
One place where mom worked they could hold her for a triple shift...if needed. Do a google search for your state.

CalifChick -> RE: Is there a law on length of time between shifts? (12/26/2010 6:44:02 PM)
Since most laws pertaining to working conditions, hours and pay are state and not federal laws, we'll need to know where you are to answer accurately. If you are still in Kansas, the laws favor the employers. You can be required to work 24 hours per day (daily time is only restricted for children under 16). Overtime pay for non-exempt employees is required after 40 hours in one week, if federal overtime applies to the business; otherwise, state requires overtime after 46 hours in one week. No breaks or rest periods are required. Cali

defiantbadgirl -> RE: Is there a law on length of time between shifts? (12/26/2010 6:46:13 PM)
I'm used to working 10 hour shifts. I've even worked a 14 hour shift a couple of times. My question is concerning consecutive time off between shifts to sleep. Is there a federal law about minimum time off between full time shifts? It would make sense if there were considering everything I've read that states driving without adequate sleep can impair a person as much as driving under the influence.

littlewonder -> RE: Is there a law on length of time between shifts? (12/26/2010 6:51:15 PM)
I think the laws are specific for certain jobs such as truckers and medical professions and if you belong to a union or not. Not sure it is for just anyone but it may depend on the labor laws in your state.

gungadin09 -> RE: Is there a law on length of time between shifts? (12/26/2010 6:54:19 PM)
i believe that in California, there has to be an 8 hour break between back to back shifts. i don't know what the consequences are of breaking this law, but i believe that is the law here. pam

Termyn8or -> RE: Is there a law on length of time between shifts? (12/26/2010 6:55:19 PM)
I don't think you'll find much help in state law. It might be a good idea to look into NLRB regulations though. The nice thing about that is it will be consistent from state to state. You might not be able to get out of the meeting, but you might be able to make them pay you quite well for that one hour, not sure. But if you can find anything that requires them to pay more than they'd like, they won't want to pay it and will most likely capitulate. But be careful, employment is almost universally "at will" which means they can simply fire you. If that happens you may have options under NLRB rules pertaining to wrongful dismissal. If they don't or can't fire you the environment at work might not be so pleasant, as they'll look for a reason ....... So consider the risk of using the law against your employer carefully. What is the job worth to you and what are you worth to the job ? On one side is your replacablility, on the other side is your ability to find another job. Alot of people stay at shit jobs because jobs are hard to come by. T

defiantbadgirl -> RE: Is there a law on length of time between shifts? (12/26/2010 7:04:28 PM)
quote: ORIGINAL: CalifChick If you are still in Kansas, the laws favor the employers. You can be required to work 24 hours per day (daily time is only restricted for children under 16). Overtime pay for non-exempt employees is required after 40 hours in one week, if federal overtime applies to the business; otherwise, state requires overtime after 46 hours in one week. No breaks or rest periods are required. Cali Some people work 24 - 48 hour shifts, but everyone I've known of that does that also gets to sleep during their shift. As for breaks, most jobs I worked at scheduled a 15 minute paid break every 2 hours plus a mandatory lunch during an 8 hour shift. Breaks and lunches aren't scheduled at my current job because there's no need since we can eat or take a break when we need to. We just can't sleep on the clock.

CalifChick -> RE: Is there a law on length of time between shifts? (12/26/2010 7:12:36 PM)
Breaks are not mandatory in Kansas. The fact that many employers provide them is irrelevant. Breaks are mandatory in some other states. All of this information is found by googling "kansas labor laws". That is, if you're in Kansas. Federal info: Although there are no Federal and few state laws that require employers to give bathroom breaks, the Federal Occupational Safety & Health Administration (OSHA) has interpreted a section in its Sanitation Standard, to mean that it "...requires employers to make toilet facilities available so that employees can use them when they need to do so. The employer may not impose unreasonable restrictions on employee use of the facilities." OSHA further clarified its interpretation in a letter dated April 23, 2003. Additionally, one of OSHA's Safety and Health Guides entitled "Extended/Unusual Work Shifts" recommends that "Additional break periods and meals should be provided when shifts are extended past normal work periods." Even though giving rest or meal breaks is not required under Federal labor law and the labor laws in most states, many employers do so anyway in accordance with industry (and OSHA) standards. Industry-standard breaks typically range from 5 to 30 minutes each. If employers do voluntarily give rest or meal breaks in states without related law provisions, then the work breaks are at least somewhat regulated by the Federal Fair Labor Standards Act (FLSA). Rest Breaks Under the FLSA, employers who do have a policy of giving one or more short rest breaks of about 20 minutes or less, must pay employees for their time while on such work breaks. In other words, the FLSA does not require employers to give rest breaks of any length. But, if employers give short rest breaks anyway, under the FLSA the work breaks are counted as time for which employers must pay employees. If authorized rest breaks extend work hours into overtime, under the FLSA employers must pay the overtime to eligible employees. Meal breaks are the only exception to these rules. More information about meal breaks is below. Employers do not have to pay employees for taking unauthorized work breaks or extending authorized work breaks without permission, if employers have previously made it clear that doing so is not allowed and punishable. For example, a clear statement in an employee policy manual might be considered by a court to be sufficient. The Federal Americans with Disabilities Act (ADA) or state equivalents might indirectly require employers to reasonably grant or occasionally extend work breaks for disabled workers, such as bathroom breaks. Employers must reasonably accommodate workers who are protected by the ADA. States may enact laws that have the same or better work break provisions than those in the FLSA. But, as previously indicated, only a few states have laws that include provisions for rest breaks or any other type of work breaks. More info here: http://employeeissues.com/breaks_meals.htm Cali

anniezz338 -> RE: Is there a law on length of time between shifts? (12/26/2010 8:10:32 PM)
I know someone who works for a major energy company and they can work long hour shifts but once they clock out, 8 hrs have to pass before they can start another shift. But that is another shift, not a meeting for up to an hour. And, with the work he does, it may be an OSHA(?) thing. Whether it's a company policy or a Texas law, I don't know. If that is the kind of shifts they run, it seems they would go morning with the meeting. Yea, that's not cool. Maybe ask if you can conference in.

defiantbadgirl -> RE: Is there a law on length of time between shifts? (12/26/2010 8:15:49 PM)
You're right. I looked it up. A person is required to have 10 consecutive hours off only after working 14 hours or more. Since my shifts are 10 hours, this doesn't apply in my case. It should be illegal though since meetings at the corporate office are out of town. Driving while sleep deprived can lead to legal problems if one gets in a car accident as it's considered reckless driving.

barelynangel -> RE: Is there a law on length of time between shifts? (12/26/2010 8:55:08 PM)
If you feel you are actually endangering yourself and others in driving to such a meeting once a month, then i would start going up the ladder at your work and document every meeting with a memo as a follow-up to what transpired in the meeting regarding this. Your meetings should outline your concern for your and other safety and solutions such as appearing via telephone or webcam, having the company pay for a cab or a hotel room etc. If you knowingly get behind a wheel utterly sleep deprived and get in an accident and kill someone, your legal problems could very well become criminal ones for manslaughter or accidental homicide. If you have this worry then you have a responsibility to bring it to the Company's attention with regard to the specifics of your concerns and the solutions you have for same. If you are driving and feel out of control when you do so, then you have a responsibility to not drive. I would go above the supervisors head but if you didn't voice your concerns to her about driving, you need to be sure HER supervisor knows that you didn't bring it up to her so they don't go back to her acting as if she blew off your concern regarding driving etc. Good luck angel

Termyn8or -> RE: Is there a law on length of time between shifts? (12/26/2010 8:59:25 PM)
"Driving while sleep deprived can lead to legal problems if one gets in a car accident as it's considered reckless driving. " That sounds like it would be actionable in most if not all states. As long as you work there though, it might not be the brightest idea to sue, plus the fact you need real damages. That might entail running into a tree or something like that. Kind of underhanded, but unless there is a good reason why you can't just watch the meeting on video or skype, or read a transcript, it's arbitrary. What they can get away with in that regard is a subject for a local lawyer. T

Missokyst -> RE: Is there a law on length of time between shifts? (12/26/2010 9:02:06 PM)
Contact your human relations office for your job. You should find the number listed near the minimum wage information, or other posted information in your break room. I think in California there must be a minimum of 8 hrs between shifts, if shifts are normally in 8 hr intervals. People who work 10-12 hr shifts, or public jobs that might be 3 days on, 4 days off have different rules. I never paid attention to the immediate authority above me. I always went up. LOL they hated that, but it got the job done and things changed. Of course now that I have quit the regular work force it is VERY unlikely I will ever be hired back into normal jobs. Sometimes you just have to do what you have to do to make things right.

defiantbadgirl -> RE: Is there a law on length of time between shifts? (12/26/2010 9:34:52 PM)
I've always had problems sleeping during the day, but I can't work days because I'm not a company approved driver. I can't be a company approved driver due to my bad driving record (too many tickets). If my luck holds out, my driving record will be clean in a year. I'm careful to follow the speed limit except when forced to attend out of town meetings (a 45 minute round trip). When I can barely keep my eyes open, I figure the less time I spend behind the wheel, the safer I and other drivers around me are. The company I work for is very strict on attendence at mandatory meetings. My immediate supervisor excused me from a meeting once and the CEO was pissed. I'm afraid bringing it up at the corporate office will get me fired. That's why I was hoping there was a law to protect me. Apparently there isn't.

YoungBlondeSlave -> RE: Is there a law on length of time between shifts? (12/26/2010 10:25:28 PM)
i think it would be a more valid concern if the meetings were more than once a month but, since they're only that one time i'm not sure i understand the problem. You can't suck it up for one day? Or, ask for a different shift that day, explain that you'd like to make the monthly meeting see if they'd be willing to rearrange your schedule to make it easier on you. Typically, bosses are more receptive to alternatives if you come up with a few yourself. Instead of "I want to sleep" say "I'd really like to be able to make the monthly meetings but i feel that i'm not alert enough to travel safely to and from the meeting and then work that night. i have a couple of ideas on how to make it work so that i can make the meeting and i'm not missing work ---state ideas--- what do you think? Do you have any ideas that you think might work as well? I'd really appreciate any suggestions because I can't think of anything else." Or, something along those lines.

PyrotheClown -> RE: Is there a law on length of time between shifts? (12/27/2010 12:50:53 AM)
I know this is a stupid question, but have ya thought bout car pooling to let some one else drive you there? you can even get a nap while on the way

SpiritedRadiance -> RE: Is there a law on length of time between shifts? (12/27/2010 1:02:59 AM)
I wish I had your schedule Id sell my soul to be able to eat my lunch JUST ONCE with out a call or 4 interrupting it. Suck it up and stop whining about loosing what 3 hours of sleep total ONCE a month? If your not alert enough to drive, well then wake up 10 or 20 minutes earlier and have some juice. Or better yet come on over to my job, pull 12 hour shifts every night your scheduled to work 8, and then have to come back for 3 or 4 weekly meetings half way through your sleep for the night. this is at least 3 meetings EVERY WEEK.... Also factor in the winter travel time because as a utility company you cant call off for weather.....

angelikaJ -> RE: Is there a law on length of time between shifts? (12/27/2010 4:13:38 AM)
quote: ORIGINAL: defiantbadgirl You're right. I looked it up. A person is required to have 10 consecutive hours off only after working 14 hours or more. Since my shifts are 10 hours, this doesn't apply in my case. It should be illegal though since meetings at the corporate office are out of town. Driving while sleep deprived can lead to legal problems if one gets in a car accident as it's considered reckless driving. dbg, You would think that people would see it that way, but really they don't. I am quite familair with residential group homes having worked in them for more than 10 years. I have argued that same point. We would run into situations where if they did not have coverage for the overnight shift the 4-12s would get mandated. The awake overnight shifts (and you had to check in every 30 minutes) weren't strictly 12-8, one person had to stay until 10am... AND if you were scheduled to work at 4pm, they expected you to be there. I would tell them if they mandated me, I would not be coming in at 4... they would threaten me with writing me up and I would politely say you do what you gotta do... I knew if I worked the overnight, it would be lucky if I fell asleep by 1pm and if I had to go back in @ 4p that wouldn't happen. I wasn't going to be responsible for driving or medications after having been up longer than 24 hrs. In your case you just have to sit there; but I understand your concern about driving home afterwards. I am assuming they are paying you for 2 or 4 hours and not the actual interval the meeting lasts?

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