Employees aged 16 or 17 cannot work between midnight and 4 a.m. Night workers are subject to additional rules in addition to the rules on maximum weekly working hours and breaks. There are special cases where young people can work until 10 p.m. or 11 p.m. until midnight and from 4 a.m. to 6 a.m. or 7 a.m., for example in companies such as hotels and restaurants. The following guide for employers describes the labour law applicable to night shifts, including regulations on night work and the legal protection of employees, as well as the legal obligations of the employer. An employee whose tariff is in effect and who is not regularly assigned to a day or night shift, but whose shift is changed at irregular intervals, receives a night shift difference during the leave if he or she received a night shift difference for the last shift worked before the paid leave. Night workers are defined as employees who regularly work at least three hours during the night. The «night» usually runs from 11 p.m. to 6 a.m., unless the employee and employer agree in writing to a different time frame. If an agreement is reached for another night period, it must last at least seven hours and cover the period between midnight and 5 a.m.
An employer is subject to a number of legal obligations related to night work and unsociable working hours, not least because the likelihood of errors, accidents and injuries can increase significantly when a night worker is tired or stressed. The employer must grant the young person a rest period of the same length as the extended shift. Joe Stone is a California-based freelance writer who has been writing professionally since 2005. His articles have appeared on LIVESTRONG.COM, SFgate.com and Chron.com. He also has investigative experience and has worked in legal practice for nearly two decades. Stone holds a law degree from Southwestern University School of Law and a Bachelor of Arts in philosophy from California State University in Los Angeles. Is night work bad for your health? Yes, especially if they are not regulated by employers. Lack of sleep negatively affects the circadian rhythm of night workers, which controls temperature, metabolism and sleep patterns. Employers in many industries are free to set a work schedule for their employees that best suits the company`s activities. Different working hours can be set for different employees, such as a day shift, an evening shift and a night shift.
Depending on the business needs of the business, employers may require employees to change shifts or work back, such as a night shift to a day shift. Federal and state labor laws allow employers to do this as long as companies comply with minimum wage and overtime wage laws, as well as all applicable safety laws. a part-time or intermittent employee) is entitled to a night shift difference if a significant portion of the employee`s hours are worked during a period during which a night shift difference is payable. Not necessarily. There is no legal obligation for an employer to increase wages for night work. All night workers are entitled to the national minimum wage, which is at the standard rate. The risk of something going wrong is higher when night work involves tasks that require a lot of mental or physical energy. Safety risks for night shifts can include: Additional pay for night shifts is a matter of agreement between the employer and the employee (or the employee`s representative). The Fair Labor Standards Act (FLSA) does not require additional pay for night work. However, the FLSA requires insured and non-exempt workers to be given at least the time and half of the employee`s normal rate for hours of work of more than 40 hours per work week. The «regular rate of pay» is defined by the RSA as an employee`s base rate of pay plus any additional wages, including shift difference pay and other bonuses. Employers miscalculate overtime pay using only the base rate of pay to calculate overtime pay.
A worker with a tariff in force is entitled to a difference in night work if the majority of the hours worked during a regular shift without overtime are worked in one of these two shifts: if the night limits do not apply, the rules on rest breaks imply that workers must be given compensatory breaks to compensate for their extra working time. Employers must continue to follow the general rules on maximum weekly working hours. OSHA requirements are defined by laws, standards, and regulations. Our interpretative letters explain these requirements and how they apply to particular circumstances, but they cannot create additional obligations for employers. This letter represents OSHA`s interpretation of the requirements under discussion. Please note that our enforcement guidelines may be affected by changes to OSHA rules. We also update our guidelines from time to time in response to new information. To stay informed of these developments, you can visit the OSHA website at www.osha.gov. The night shift difference is not paid solely because a dominant employee chooses to credit hours of work or chooses a time of arrival or departure at a time of day when the night shift difference is otherwise approved, except that dominant employees are entitled to a night shift difference for regular non-overtime hours if a significant portion of the hours of a work schedule Flexible is for a daily business trip.
takes place during the night. DavidsonMorris is an employment law specialist who advises employers on compliant workforce management practices to protect your workforce while meeting your obligations as an employer. With our permanent Triple A employment law service, employers can take advantage of unlimited employment law advice from an employment lawyer on personnel matters such as night shift rules and anti-social working hours. Contact us for expert advice. If an employee is under the age of 18, they generally cannot work more than 8 hours per day or 40 hours per week. They must also take a minimum rest period of 30 minutes if their shift lasts more than 4.5 hours, 48 hours per week and at least 12 hours of rest between each work day. Night shifts can disrupt the body`s regular sleep schedule and lead to fatigue and mental and physical stress. The Occupational Safety and Health Administration points out that such risks can potentially lead to operator errors and occupational accidents. The administration recommends that employers «carefully monitor» night workers and learn to recognize the signs and symptoms of shift-related health effects such as fatigue, irritability, lack of concentration, depression and headaches.
An employer should assess employees who have such symptoms and possibly allow the employee to leave the area to rest. As a night worker, a person should not perform more than 8 hours of night work on average over a 24-hour period, usually calculated over a reference period of 17 weeks. An employee with an active rate who is regularly assigned to a day shift and temporarily assigned to a night shift receives a night shift difference for each paid leave if night shifts are provided. The health authority requires employers to ensure that workers are no longer exposed to hazards in the workplace. According to OSHA, tasks that require heavy physical work or intense concentration should be performed at the beginning of the shift, especially when night workers must use potentially hazardous or hazardous equipment. The limitation on night work generally does not apply to armed forces and emergency services, domestic workers employed in private homes, or where people can choose the duration of their work, such as managers or freelancers. The limits also do not apply to road, marine and air transport workers, but they are still entitled to «reasonable rest periods». There are steps you can take to reduce the risks associated with night work, including: A night shift is a work pattern where at least 3 of the hours worked occur between 11 p.m.
and 6 a.m. We often refer to night work as «unsociable» because it forces workers to perform tasks when they would otherwise be sleeping. For night shiftwork, the standard rule of maximum weekly working time applies. This means that unless an employee decides otherwise, the maximum number of hours they can work per week is 48. As night workers, staff should not perform on average more than eight hours of night work in any 24-hour period, which is generally calculated over a 17-week period.