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  1. #1
    Join Date
    Apr 2014
    Posts
    2

    Default Prohibited from Working More Than 40 Hours Per Week

    My question involves employment and labor law for the state of: North Carolina.

    I am a part-time, hourly worker. I am automatically scheduled on a monthly basis by an electronic system, based on my availability and the availability of other employees. There is also a "swap board" where people can trade or give/claim shifts. I tried to claim several shifts that another employee chose to give up, but received an automatic message saying that I cannot claim the shifts because I am at my "weekly max."

    I understand that, as a part-time employee, I can't expect a guarantee to be scheduled by default at over 40 hours per week. However, I was counting on being able to claim other employees' shifts if they choose to swap them, which I was told happens frequently, and I was never told before employment that there would be a restriction against this.

    I realize that this is likely a shot in the dark, but is there any kind of legal basis at all for challenging this automatic, absolute restriction? For what it's worth, I know that my superior, who is also a part-time hourly employee for the same company but at a slightly higher pay level, and who has the authority to override scheduling restrictions, frequently works over 40 hours per week.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Prohibited from Working More Than 40 Hours Per Week

    None whatsoever. You do not have a right under the law to work over 40 hours a week. You do not have a right under the law to pick up extra shifts. Your employer is within their rights to limit the number of hours you work, and they are also within their rights to waive such a limit for supervisors.

    Sorry.

  3. #3
    Join Date
    Apr 2014
    Posts
    2

    Default Re: Prohibited from Working More Than 40 Hours Per Week

    That's alright. It's good to know going forward exactly how much leverage I have (ie, none). I also forgot to mention, my supervisor mentioned that the company "could get in a lot of trouble" for allowing her to work as many hours as she does. Possibly referring to the lack of benefits? I'm not sure why. Maybe she was just wrong.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Prohibited from Working More Than 40 Hours Per Week

    She may have been wrong, or it may be that she should be classified as full time. No way to know. But it doesn't change the fact that you are entitled to exactly as many hours as the employer wants you to work; no more and no less.

  5. #5
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Prohibited from Working More Than 40 Hours Per Week

    Sounds you work for the big red star. They do everything they can to cover themselves legally and this hour issue is one of them. If your job code is a certain option, you cannot work more than that allotted number of hours per week.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Prohibited from Working More Than 40 Hours Per Week

    Note that they are free to offer the guy working next to you overtime and not you as well, even if you are in the same job.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Prohibited from Working More Than 40 Hours Per Week

    With the exception that as long as it isn't based on illegal discrimination; race, gender, religion, etc.

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