Is there any law that prohibits scheduling back-to-back closing and opening shifts in Texas?
Q. When one of our two store managers goes on vacation, we want the other to cover both opening and closing shifts for a few days. However, this would give her only seven hours of rest between shifts. How much time between shifts must we give employees under Texas law?
A. Neither federal law nor Texas law requires employees to be given a certain amount of time off between shifts. According to the Texas Workforce Commission, “Work schedules are up to an employer to set and enforce, i.e., scheduling of employees is entirely within the employer’s control, and it is up to the employees to comply with the schedule that is given to them.” In most circumstances, “the only limits are employee morale, practical realities, and common sense in general.”
The commission cautions employers to “try to avoid the downsides of flexible scheduling such as ‘clopenings’ (the same employee works late, closes the store, and opens again a few hours later)” but does not deem such a situation to be illegal.