Help! I’m being scheduled for absurd hours on schoool nights, is this legal?

First off I am a minor, 17, and not yet 18. I just got a job at a movie theater. I informed them that I’m still attending high school and can work weekends. Although I asked differently, they’ve been scheduling me 4pm to midnight on the weekend. Including Sunday night. Then, they started scheduling me for week days also working 4pm-12am. The big problem is that I wake up at 5am for school and getting off at 12 and essentially sleeping for 4.5 hours every night is not healthy. I went to my manager and explained that working until 12am on a school night isn’t ideal when I have to be up at 5 for school. My managers reply was that I can ask a co worker to trade me shifts or get stuff working until 12am. During the weekdays I go to school, get off at 3:30 and go in for work at 4 to be there until 12. If you can’t tell by now, that gives me maybe 3 minutes to do all of my homework. I need a job and for now they only employ high school students but surely this can’t be legal. I researched child labor laws and they said that minors can work before 6am or after 10pm on school nights but I am not sure if there’s any loopholes which would be the reason I am having to work these hours. Any advice helps!!! I’m supposed to work 4pm-12am after school tomorrow too, I don’t know what to say or present to my manager but anything helps. Thank you.

9 Answers

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  • 10 months ago

    Reality check: An employer needs shifts covered. If you are not available to cover those shifts then they need to let you go and find someone who IS available. They might try to accomodate the shifts you request (or not) but if you can't do the job then they need to find someone who can.

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  • `
    Lv 7
    10 months ago

    Since you're a minor, your parents will have to file the necessary paperwork on your behalf. Talk to your parents about this.

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  • Anonymous
    10 months ago

    I would be very surprised if minors were allowed to work until midnight on school nights - but you didn't tell us where you are.

    Bottom line is that it doesn't really matter what the law says. Your employer needs someone to work until midnight and you can't. You will be replaced with someone who can.

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  • 10 months ago

    You are correct there are time of day limitations for child labor, but this sort of thing is often confusing to employers around this time of year when minors are off for the summer and begin a new year. Those time limitations tend to not apply when school isn't in session. As a result it is rare employers are ever prosecuted (fined). You need to politely remind your employer of the law that you can't work past 10 PM (it's 10:30 in my state) and how many hours you are limited to work on school days (6 hours in my state) which is designed so you can have the time to do your homework. Just be polite and respectful when you speak to him and show your desire to continue your employment under the law. Your employer won't be able to argue with that. And use this as a lesson to always listen to your gut, when you think something isn't right.

    Can you sue your employer over this? No. Why? Because you were not damaged by the violation. If they fire you over your desire to comply with the law, that would give you good cause to sue, but you better be prepared to prove that is the only reason you were fired (which is typically not easy). Atop that you would have to prove you weren't complicit with the violation (you knew it was against the law, but chose to work anyway).

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  • Anonymous
    10 months ago

    In my state the labour laws require all students to end their work shift at/by 10 PM on nights before school days.

    Also, a Work Permit is required from the State (BOE) to be countersigned by the employer.

    I doubt that any other state permit different hours.

    Check your State web site, Education and/or Wage & Hour.

    .

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  • 10 months ago

    Depends on where you are. Let your boss know the laws, and that you cannot work past 10. You'll likely need a new job.

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  • 10 months ago

    I am surprised that a 17 year old can be restored to work at such hours.

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  • Anonymous
    10 months ago

    You tell your manager that you can't work the hours. If the management isn't receptive to your comments you hand your notice in and find another job.

    Businesses do not operate around their employees, you are paid to work when the business requires you.

    • blank10 months agoReport

      It’s 100% illegal for them to require that of me. I just asked because I want to know if I can take any action. I already plan on leaving, I just wanted to know if they’re in a loophole or exemption from the child labor laws.

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  • PAMELA
    Lv 7
    10 months ago

    Oh for god's sake,it is not the only job in the world,leave and find one with better hours that suit you!

    • blank10 months agoReport

      I’m planning on leaving already due to the hours. I live in a small town so there is basically a very low chance of getting a job anywhere else during this season. However, I mostly want to find out if I can take action.

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