Night Shift Workers' Rights
- A night shift is determined by the number of hours an employee works, and the time of night an employee works. For instance, a typical night shift begins during the hours of 11 p.m. and 6 a.m. In some states, the night shift hours differ. Working at least three hours between these hours is considered working a night shift.
- The number of hours an employee can work at night is limited. An employee who works every night should not work more than eight hours in a 24-hour day. Workers have the right to work 12-hour shifts, but on average, the employees should not work more than eight hours on the night shift. Employees who work on a contract agreement with their employers are an exception to these hour restrictions.
- The Occupational Health and Safety Act does not have a clause that protects the safety of night shift workers. However, employers have warnings when it comes to training employees, including those who work night shifts. Night shift accident rates are higher because employees work longer and irregular hours. Therefore, the General Duty clause mandates employers to provide safe working environments for workers.
- Women who work night shift hours should be warned that working at night may be linked to breast cancer. This, however, does not mean an employer can discriminate. A woman has the right to work at night, for equal pay, just like a man who is hired for the shift. If an employer discriminates against a woman for a night shift position, the employer is breaking equal employment opportunity regulations and can be sued by the employee and fined by the federal government.
- It is a misconception to believe an employer is required to pay a night shift worker extra pay for working the night shift. An employee may be paid at a higher rate, if the employer agrees. The Fair Labor Standard Act does not require an employer to pay a shift differential for employees. However, most employers do offer more pay for a night shift worker because this is not the most favorable work shift.
Night Shift Hours
Limited Hours
Training Benefits
Discrimination Prevention
Pay Misconception
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