While we are grateful for my husbands job we want to know if they can legally work them straight with no off days. The only time he gets a off day is if he calls out and he doesn't want to keep doing that because he doesn't want to loose his job. Also, the job he is working doesn't have a schedule only thing he knows is when to come in but they don't tell them what time he is getting off until its time to get off. Are companies required to give you a schedule even if it changes on days shouldn't you know ok Monday I go to work 8-6 Tuesday I go 10-4 for an example? He gets no warning.
Unless your husband is working in a position that is regulated by federal or state law on how many hours per day or consecutively, he can work as many hours as required. If he is under written contract or a union agreement with the employer, he can or be required to work whatever number of hours to get the job done.
If he is not working under a written contract or union agreement, he is entitled to overtime pay after 40 hours and additional pay for Sundays and holidays. If he works in an industry that is hot right now, such as the oil industry and related companies, his employer may be experiencing a boom and requests for services or products in demand. As the old saying goes, "get while you can because it won't last forever."
These peak demand periods often place a huge strain on companies to perform and/or produce. If this situation is affecting safety, health, or his employability with this particular company, I strongly suggest that he see an employment law/labor attorney for sound advice. You can find an appropriate attorney for your area by relying on the "Find a Lawyer" tool on this website.
But just from what the post states, it appears to reflect a peak demand period for the company, and it is trying to meet the demand. Good luck!
William Fulton BroemerEmployee Benefits LawyerHouston, TX ·
Texas is an employment at will state. Typically, unless an employee has an employment contract, or is employed under a collective bargaining agreement through a union, the employer can modify or terminate the terms of employment, including changing schedules, at any time with or without cause. Employers are not required to publish or follow established schedules. Additionally, it is entirely legal for an employer to alter employee shifts and work hours, even if that requires the employee to work long hours or awkward shifts, so long as the employer complies with state and federal law with regard to paying overtime where applicable. If the shift results in the employee working more than 40 hours for the work week, and he otherwise qualifies for overtime pay, the employer would be required to pay the applicable overtime rate. I have provided a link, below, to the Department of Labor's web page regarding the FLSA for your reference. I have also provided a link, below, to the TWC's web page regarding work schedules and overtime wages.
Note that an employer generally cannot modify or terminate the employment for prohibited discriminatory reasons (such as racial discrimination), or in retaliation for certain protected actions (such as whistle-blowing). The situation you describe does not appear to constitute prohibited discrimination or retaliation.
If your husband is an at-will employee then the company has no obligation to provide him a schedule. As long as he is being paid in conformity with the minimum wage and overtime rules of the FLSA and Texas Payday Law (if he is an hourly, non-exempt employee) then the employer is doing what they must. (If he is a salaried employee then as long as they are paying his salary in conformity with those laws then the same result.)
There may be an issue if he never knows when he has to go to work and he is perpetually on call. Under limited circumstances the company may owe him pay for being on call if it prevents him from being able to perform normal life functions outside of his work hours, for example because he has to stay within a certain distance of the worksite to be there on time when called. However, if he is just tired or working too many hours that would not entitle him to pay for time on call.
