Under what conditions can the employer change an overtime eligible employee's assigned hours?
For a position, the employer may make changes to an overtime eligible employee's assigned hours under the following condition(s):
(1) For temporary changes in work hours or shift for a period of thirty calendar days or less, the employer must provide two calendar days' notice to the employee. The day notification is given constitutes a day of notice. The employer may provide less than two calendar days' notice for the following reasons:
(a) When there are emergency conditions as defined by the employer, including employees dispatched to emergency response duty under an incident command system as defined in RCW
38.52.010, and employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents;
(b) When there is a lack of work or a safety hazard to the employee and/or others; or
(c) When the change is requested by the employee and approved by the employing official.
(2) For permanent changes in work hours or shift for a period exceeding thirty calendar days, the employer must provide seven calendar days' notice to the employee. The day notification is given constitutes a day of notice.
(3) By mutual agreement, an individual employee and his/her supervisor may agree to a temporarily modified weekly schedule. Such scheduling is not considered a regular schedule and does not require advance notice.
[Statutory Authority: Chapter
41.06 RCW. WSR 05-01-205, ยง 357-28-252, filed 12/21/04, effective 7/1/05.]