Legal Question in Employment Law in Georgia

Rights as an employee

I would like to learn the labor laws concerning scheduled hours, working hours and days off.

My relative was scheduled eight hours a day, and usually sent home after 2 or 3, due to lack of work to do. Now they are scheduling him three hours a day, working him seven days a week. They say they are not required to give him a day off because he does not work eight hours a day. They treat him this way because he has a speech disability and he is slow. They also refuse him a raise because of this, he has been with this company for over a year. Can they legally do this?


Asked on 1/31/02, 1:59 am

1 Answer from Attorneys
Jeff Kent Kent & Merritt, P.A.

Re: Rights as an employee

Generally, a company may schedule an employee for whatever hours it deems necessary. However, if your relative has a disability under the Americans with Disabilities Act (there are very specific regulations as to what constitutes a disability under that law), the company may not treat him differently simply because of that disability. If the company is scheduling other employees in the same job for a normal 40 hour workweek but singles out your relative for the unusual work schedule without another explanation, they may be violating the law. The primary inquiry would be whether or not your relative is treated differently from other employees because of his disability. This same analysis would apply to the denial of a raise.

The foregoing is general information only, not specific legal advice. Consult with an attorney of your choosing before taking legal action. No attorney/client relationship has been created or should be implied by anything contained herein.

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Answered on 1/31/02, 9:22 am


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