Legal Question in Employment Law in California

Part time employment; mandated hours

I have a part time/on call status at my job. Previously, I was scheduled to work 6 days a payperiod (2wk period) permanently and can volunteer to work any additional days of my choice within that period. Within those 6 days i am mandated to work only one weekend out of that payperiod. Recently they have implemented a new work schedule in which they can mandate me to work the following weekend as well if they are short staffed. This is on top of the 6 days i have already worked. They said it is because of my on call status that i have to work. Unfortunately they are short every weekeend so i have to work almost every weekend. Regardless of the fact that i am still indeed part time they have added days to my schedule of 6. There's quite a few of us in this dilema however i am on the lowest seniority therefore i always get put on the schedule. And we get 3 strikes. If we don't work those days or call off 3 times on those mandated days/weekend, we get terminated. Unfortunately, our union rep. is on the administrations side and is not backing us at all. I was wondering if there are any section in the labor statutes that states anything regarding limited mandatory hours for part time schedule or is that solely decided by the employer?


Asked on 11/14/02, 4:52 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Part time employment; mandated hours

Generally speaking, work schedules are within the discretion of the employer. However, this may be limited by the terms of a collective bargaining agreement. Employers must following the collective bargaining agreement's provisions. You need to work this out with your union representative.

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Answered on 11/16/02, 6:05 pm


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