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  1. #1

    Default Can the Person Who Makes the Schedule Take All the Good Shifts

    My question involves employment and labor law for the state of: California

    Hello,

    I currently work at a club as a VIP waitress, and a new manager was hired.
    She has scheduled herself on 90% of the Saturday shifts which are the only shifts worth working as far as tips are concerned.

    I don't think she technically has the title of management, even though she is doing many managerial duties including creating the waitress schedule.

    Are there any laws that protect employees against this kind of shift hogging? It is grossly unfair. Even though I only worked one Saturday a month, the tips counted as 40-60% of my income, and I am at a loss at what to do now that shift has been taken away.

    Thank you for your time and your help.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can the Person Who Makes the Schedule Take All the Good Shifts (California)

    Unfair does not mean unlawful. The management (or their designee) can assign shifts pretty much as they see fit. I recall working in restaurants and having the same problem. It sucked, but, unless I wanted to work elsewhere I sucked it up. At one restaurant they required that if we worked a Friday and/or Saturday night shift (the big money-makers for tips) we also had to work Sunday brunch (which pretty much guaranteed nothing). So, in exchange for the good nights we had to work a 4 hour nothing shift.

    Bottom line is that about all you can do is talk to the person doing the scheduling or to their boss and ask that the good shifts be parceled out better. But, beware, that can always backfire and you may find yourself on fewer shifts as someone might decide you are a rabble rouser.

  3. #3
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can the Person Who Makes the Schedule Take All the Good Shifts (California)

    ...or no shifts.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can the Person Who Makes the Schedule Take All the Good Shifts (California)

    Quote Quoting PandorasBox
    View Post
    ...or no shifts.
    Possible.

    But, it has been my experience that management would pare someone down to short shifts on bad days. The idea is to get the employee to quit. Letting them go (i.e. no shifts) effects their unemployment rates.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can the Person Who Makes the Schedule Take All the Good Shifts (California)

    Bottom line is, this is not a matter addressed by law. It's an internal company matter only. The law does not take a position on what is "fair".

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