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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I work a salary job in California as an assistant manager.

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I work a salary job in California as an assistant manager. The other two assistants work a compressed work schedule 4/10 with set days off. I on the other hand am assigned to 8 hours a day and my manager will change my shift the night before to a night shift. Due to his forgetfullness of pre-scheduling the shifts as the other two had vacation time off. Is this legal? Also, next month he assigned me to work several 6 hour shifts and 10 hour shifts various hours. The other two assistants continue to have their original schedule. Is this legal in California?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Are your working conditions less favorable due to the employer's business needs or do you have reason to believe you are being discriminated against on the basis of your race, gender, age, disability, or other protected status?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

My employers business needs. He has indicate the two assistants are in capable to complete the projects he has assigned to me.

I see. Thank you for clarifying that, Jo.

It is not typically unlawful for an employer to treat employees with the same job title differently unless the employer is doing so based on a discriminatory motive, such as based on race, gender, or age. If the employer is treating you differently because of their business needs as you indicate is the case, that is normally lawful

However, if you are not being paid more than the other employees, I would approach the employer about a raise since the other employees are not capable of completing the tasks which are assigned to you. That provides you with some leverage to seek a raise, but there would typically be no legal recourse against the employer for assigning you a more difficult work schedule due to its business needs. I'm sorry.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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