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Last-minute schedule changes: what the law says, and where it says more

Federal law says surprisingly little about scheduling. A number of cities and a few states have passed laws that say considerably more.

作者 Ian Massaro

Founder of KidsKnowRights5 分钟阅读

等待法律专业人士审阅

话题:schedulingpredictive schedulingshiftsteen work

本文提供的是一般教育信息,不是针对个人的法律意见。KidsKnowRights 不是律师事务所,阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异,也会随时间变化。如需针对真实情况的建议,请咨询持照律师或法律援助机构。

本页的正文尚未翻译,因此以下内容以英文显示。上方的摘要、标签和安全信息已翻译。

Being scheduled with no notice, having a shift cancelled on arrival, or being sent home after an hour is a common experience in the jobs young people most often hold. The federal answer is unsatisfying: the Fair Labor Standards Act requires payment for hours actually worked and overtime past 40 in a week, but it generally does not require advance notice of a schedule, or payment for a shift that was cancelled. Where stronger rules exist, they come from state and city law.

Predictive scheduling laws, where they exist

A number of cities and a few states have passed what are usually called predictive scheduling or fair workweek laws. These commonly require employers in covered industries — often retail, food service, and hospitality, which is exactly where teenagers work — to give schedules a set number of days in advance, to pay extra when a schedule changes inside that window, and sometimes to offer additional hours to existing part-time staff before hiring someone new.

Coverage is usually limited by industry and employer size, so a large chain may be covered where a small independent business is not, in the same city. The city or state labour standards office is generally the place that publishes what applies.

Reporting-time pay is a separate thing worth knowing

Some states have reporting-time or show-up pay rules requiring an employer to pay a minimum amount when a worker reports for a scheduled shift and is sent home early or finds the shift cancelled. This is separate from predictive scheduling and exists in states that have no fair workweek law at all.

It is one of the more commonly unclaimed protections, because a worker sent home after 30 minutes usually assumes 30 minutes is what they earned. If your state has such a rule, the answer may be different.

For minors, the hours rules are the floor underneath all of this

重要

Whatever a schedule says, federal child-labor law limits when and how long 14- and 15-year-olds may work, including restrictions on hours on a school day, weekly totals during the school year, and the time of evening after which work must stop. Many states set tighter limits still, and where federal and state rules differ, the stricter one generally governs.

So a shift that runs past the permitted evening hour is not made lawful by a manager being short-staffed or by a young person agreeing to stay. Our overview of teenage workers' rights covers the specific hours, and a school-issued work permit sometimes carries the limits printed on it.

请记住

  • Federal law generally doesn't require advance notice of a schedule or payment for a cancelled shift.
  • Some cities and states have predictive scheduling laws requiring advance notice and extra pay for late changes.
  • Separately, some states have reporting-time pay rules for showing up to a cancelled or shortened shift.
  • Child-labor hour limits still apply — agreeing to stay past them doesn't make a shift lawful.

资料来源

本文提供的是一般教育信息,不是针对个人的法律意见。KidsKnowRights 不是律师事务所,阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异,也会随时间变化。如需针对真实情况的建议,请咨询持照律师或法律援助机构。