Q: I currently work as sleep overnight staff in a group home. Per shift we get 6 1/2 hours of sleep. Our normal schedule
is 11pm to 5 or 5:30am as long as it is not longer than 6 1/2hours. Now my boss says we have to set an alarm and check a client and assist if needed at 1:00am. And we are not offed any other compensation and are expected to fall back asleep as soon as we are done. So far this has been going on for a week and i average 3 or 3.5 hours of sleep a night. It is expected to last for a month. Can they get away with this?
A: I turned to MN Statute Section 177.23 to quickly investigate this question. To investigate further, more information would be needed. However, you would likely be owed a wage for any hours you are on the clock during those hours - whether the employer is calling those sleeping hours or not. The short of it is this - if you're working, you should be getting paid. Contacting an attorney could likely help as a letter regarding your situation could likely be drafted to your employer for a minimal fee. If other violations are occurring, those should be investigated by an attorney.
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