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Is it legal for an employer to let employees work extra

Customer Question
Is it legal for...

Is it legal for an employer to let employees work extra hours while there are other workers not getting any work at all

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Is it legal for an employer to let employees work extra hours while there are other workers not getting any work at allCalifornia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

CaliforniaFull time

Submitted: 11 months ago.Category: Employment Law
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Answered in 3 minutes by:
9/14/2017
Employment Lawyer: John, Employment Lawyer replied 11 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,041
Experience: Exclusively practice labor and employment law.
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Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before prov and iding a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for "just cause" (as opposed to “at will" employment which is the default employment condition)? If so, does your contract have any clause as to how employee hours are to be delegated? Further, are the hours in any way divided by illegal class - such as to a particular race or geneder more or less?

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Customer reply replied 11 months ago
Calif not union at will I believe
Employment Lawyer: John, Employment Lawyer replied 11 months ago

Unfortunately then, because you are at will, the employer can schedule employees at its discretion. While it's not fair to give one employee extra work when others do not have sufficient work, because there is no contract in place unless it's up to the employer's discretion to work employees as it sees fit. While it's not fair, there is no legal duty for the employer to make it fair.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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