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May employers change work hours/schedules to minimize contact between employees?


Category: Human Resource Policies and Pandemic Planning Workplace Questions
Sub-Category:
Working at Home and Social Distancing

Answer:

Yes, unless your workforce is represented by a labor union and the collective bargaining agreement covers work hours or scheduling policies, or if your workers are covered by other employment contracts that specify work hours and schedules.  Note that discharging, demoting, assigning to a less desirable shift or job, or withholding benefits on the basis of union-related activity is prohibited under Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act.

Also, as part of your pre-pandemic planning, you may want to consult with your union about scheduling actions that you might have to make in an emergency situation.


Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.


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Last Updated: 01/25/2008