Can They Really Do That To My Work Schedule?!
One of the issues that EAA deals with on a regular basis is the issue of employee work schedules. To be more specific, we routinely deal with the issue of management making changes to an employee’s weekly work schedule.
“Can management, on a repetitive basis, change an employee’s weekly work schedule?”
Article 5.0 in the MOU (Memorandum of Understanding), “Work Schedules,” refers to the Fair Labor Standards Act (FLSA), a federal law that has been in existence since 1938. Under FLSA, “Employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24 hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent.”
To reiterate, according to FLSA, an employee workweek must be fixed and can only be changed if the change is intended to be permanent. In other words, department management does not have the right under Article 5.0 and the FLSA to make routine or repeated changes to an employee’s weekly workweek. It doesn’t matter that management claims that the changes are necessary to implement departmental “operational needs.” Federal law and the MOU take precedence over so called operational needs.
List of Departments Represented by Darryl Cherness
- Animal Services
- Building and Safety
- City Clerk
- City Controller
- City Ethics Committee
- Economic Workforce Development Division (EWDD)
- Harbor Port of LA
- Information Technology Agency (ITA)
- Recreation & Parks
- Department of Transportation (DOT)