Employment Law

I’m trying to find wordings in the Labor Laws or FLSA

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I’m trying to find...

I’m trying to find wordings in the Labor Laws or FLSA stating that an employer can not make an employee do another job title even if both job title is in the same Contract Bargaining Agreement? The job titles are disclosed with different job classifications... Read full answer

I’m trying to find wordings in the Labor Laws or FLSA stating that an employer can not make an employee do another job title even if both job title is in the same Contract Bargaining Agreement? The job titles are disclosed with different job classifications in the Contract Bargaining Agreement.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Discussed with my Union Rep.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Union. It’s hourly.

Submitted: 4 months ago.Category: Employment Law
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Answered in 6 minutes by:
2/19/2019
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 21,182
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You will not find any language like that, because the FLSA doesn't deal with contract issues. Without a contract specifying that the employer cannot alter terms of employment, an employer can change the job that a person does at any time.

So, this is not an issue that any external law can assist with, as employers typically have the right to make an employee do any job they wish. This is, instead, solely a breach of contract question. You have to address this with your union and through the grievance process first. If the union won't help and the employer doesn't change their position, you'd then have to find a local attorney to sue for breach of the Contract Bargaining Agreement. Any rule against changing an employee's position will have to come from that agreement itself.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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