Shiftwork and the Law

Abstract

What practice has been at the root cause of some of the world's most devastating industrial accidents, costs employers $206 billion annually, has been linked to fatigue, depression, flu, infertility, obesity and heart disease? The answer is the deceptively mundane task of shiftwork. This article examines the legal aspects of employing shiftworkers (employees working the evening and overnight shifts) in the United States. Although shiftwork is widely understood to be unhealthy and dangerous, few legal protections exist for shiftworkers under current employment law. This manuscript discusses the risks of shiftwork and examines prevailing Americans with Disabilities Act claims, constructive discharge cases, and retaliation actions that are relevant to shiftwork plaintiffs. Specific strategies are presented for the shiftwork plaintiff to maximize her likelihood of a successful legal action. This manuscript concludes that shiftworkers receive very little legal protection relative to the physical and medical risks shiftworkers undertake.

Keywords: employment law, shift work, americans with disabilities act, constructive discharge, retaliation

JEL Classification: K31