Shift Work Laws: Rules, Regulations, and Requirements to Stay Compliant

Shift work laws are radically different from managing and scheduling full-time 9-5 employees. Whether you run a restaurant, retail store, or any other establishment that employs part-time employees, chances are you work shifts.

Shift work laws are a whole different ball game compared to salaried staff and have different legal requirements for employers. In this article, we'll give you an overview of the shift work laws every employer should know about.

What is shift work and how is it different from a 9 to 5 job?

Shift work is defined as any work that extends beyond the 8 hour daylight hours of 9:00 a.m. to 5:00 p.m. While a traditional 9 to 5 job is exactly what it sounds like - doors open at 9 a.m. and close at 5 p.m.

It's simple: if your business is open outside of 9am to 5am, you have shift workers!

In a 9 to 5, everyone has to be at work at exactly the same time. Due to the longer opening hours of some companies, shift workers alternate between different shifts so that someone is always present during opening hours. Rotating shift work can be a huge advantage for companies that want to avoid overtime and employee burnout.

That being said, shift workers are entitled to overtime if they exceed 40 hours in a work week, unlike employees with 9 to 5 employees. This can be a big draw for employees who want the opportunity to earn more money. Shift work has some really great benefits, like flexible hours, possible shift premiums, and you can't beat the sweet perk of less traffic since you're traveling outside peak hours. However, shift work is not without drawbacks, such as being hard on the sleep schedule and social calendar.

There are many ways to schedule shift workers, but no matter which one you choose, there are shift work laws that every employer should be aware of. Let's dive!

The Importance of Shift Work Laws for Employers

If you run a business in an industry where the demands are high and the work never ends, it can become easy to break labor laws. Skipping breaks, longer shifts, and understaffing for coverage can creep in. But following labor laws isn't just the law, staying compliant with government regulations and maintaining staff breaks improves overall employee happiness. Trust us when we say your employees notice.

Your staff should know that they are safe and cared for at your facility. This is why labor forces have fought so hard for regulated labor laws.

If you violate shift work laws, whether intentionally or not, two things can happen:

1. You are reported to the Wage and Hour Division of the Department of Labor

Let's say your timesheets aren't valid and some employees are missing overtime on their payroll. They can file a complaint with the Department of Labor's Wage and Hour Division, which can initiate an investigation.

A survey means:

Meet with a representative from Wage and Hour to learn the steps of what will happen. Take a deep dive into the company's financial records. Review all of your employees' payroll records and any other notes. Interview some of your employees to corroborate your payroll records and confirm their assigned duties. A government follow-up to break down all the findings, determine if you broke the law, and if so, what the penalty is. Penalties for violating the Fair Labor Standards Act (FLSA): “Employers who willfully or repeatedly violate minimum wage or overtime pay requirements are subject to a civil penalty of up to $1,000 for each violation Willful violations of the FLSA may result in criminal prosecution and a fine of up to $10,000 A second conviction may result in imprisonment.

Needless to say, this is a big deal, and not something you want hanging over your head.

2. You lose good employees

Did you know that it costs the average U.S. employer $4,000 and 24 days to hire a new worker? To employ...