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If the employee refuses to enter into the agreement to exclude sleep time, may the employer terminate the employment relationship?

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  • If the employee refuses to enter into the agreement to exclude sleep time, may the employer terminate the employment relationship?

No. While the employer may not terminate an employee for refusing to enter into an agreement or for ending an agreement, the employer would not be required to agree to a continuation of the same terms and conditions of employment. The employer and employee are free to establish new conditions of employment such as rate of pay, hours of work, or reassignment. For example, if an employee refuses to enter into an agreement regarding the exclusion of sleep time, an employer might decide to assign that employee only to shifts of less than 24 hours.


October 2018

Tags: Sleep Time Requirements

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