How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7016
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I was hired to work a 32hour a week day shift in a hospital

Resolved Question:

I was hired to work a 32hour a week day shift in a hospital but now am asked to take 30 hours of on call work from 5pm to 7am week days and weekends 24 hours straight. These are busy on call hours working 12-18 hours of the 24 hour shift. Do I have the right to say no to these extra hours?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 10 months ago.
Good morning and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question. I am very sorry to hear that your hostpial wants you to work these extremely long and understandably inconvenient hours.

Can you please tell me whether you are a union member or have a cotract which guarantees you a particular schedule for a set period of time?

I very much look forward to helping you on this matter.
Customer: replied 10 months ago.
Yes, we are in a union. The four of us were hired for day shift m-f. Our dept is closed after 5pm and weekends. They expect the four of us to cover the dept 24/7. After we asked for middle of the night coverage they hired a new shift. M-F 5pm-1:30 am and still expect us to do middle of the night. In nursing units call coverage is voluntary. Most other dept. have graveyard shifts. We've been doing it for 20 years and its gotten too busy and our managers just expect us to keep doing it. I will take some call but not middle of the night anymore and I feel it should be voluntary. I don't mi d working over time and some day weekend call but I want the choice with out my job being threatend.
Expert:  Patrick, Esq. replied 10 months ago.
Leslie,

Thank you very much for your reply. As a union member with a contract that designates your hours you do have certain legal protection here. Specifically, your employer cannot unilaterally change your schedule and force you to work late night on-call shifts--they must engage in good faith negotiations with your union representative to make any modification to the work hours designated in your collective bargaining agreement.

Only after sufficient good faith efforts with no agreement being reached may the employer declare impasse and then implement the last offer presented to the union. This means that if your employer has any reasonable way of hiring another employee or distributing the late night on call shifts in a more equitable manner, they have a legal obligation to do so.

If your employer declares impasse in bad faith, you can file a charge of an unfair labor practice for failure to bargain in good faith with the NLRB. The NLRB will determine whether true impasse was reached based on the history of negotiations and the understandings of both parties and will revert back your schedule if it determines the impasse to have been a fabrication.

So, to answer your question directly, as union members you DO have the right to say "no" to these additional hours, since they are more than what your collective bargaining agreement prescribes. Through your union representative you must negotiate a schedule that is agreeable to the hospital and to you and your similarly situated co-workers, and only if you reach a legitimate impasse in negotiation may the hospital implement its final and best scheduling offer.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Customer: replied 10 months ago.

Thank you for your expertise. I have one more question. We've been taking the call for years but have only just joined the union two years ago. We don't have anything at this time in our union contract about call except the rate of pay. Nothing about hours. If we negotiate it in our next contract can we ask for any call we take beyond forty hours a week to be voluntary. Is it reasonable to ask for this or am I being nieve?

Expert:  Patrick, Esq. replied 10 months ago.
Leslie,

Thanks for your reply. You are free to reqeust that on-call time exceeding 40 hours a week be voluntary, but you are correct in your suspicion that this may not be a reasonable demand. Your employer only has an obligtion to negotiate in good faith--not necessarily to comply with a given scheduling request.

If they are forced to choose between forcing more than 40 hours of on-call or hiring more employees and hiring more employee would be a substantially more expensive option for the hospital, they would likely be within their rights to deny the request. Still, this doesn't mean there is any harm in asking--the worst thing your employer can do is propose a reasonable alternative.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7016
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.