My boss cut my hours from 40 a week to 28 a week without notice and I would like to know if there is any legal recourse for this.
Responses (1)
Employee Rights On the Notification of Cutting Hours
by Jill Stimson J.D.
Review the employee's time card for his hours worked per day.
Generally, employers can cut their employees' work hours, change their schedules and reduce their benefits if done on a nondiscriminatory basis. Employers can prospectively reduce an employee's work hours but may have to provide written or oral notice first. In some states, employment statutes limit an employer's right to unilaterally reduce an employee's work hours by requiring prior notice and consent. Additionally, some states require employers to pay their employees a minimum number of work hours when they send them home mid-shift.
Overview
The Wage and Hour Division of the U.S. Department of Labor is responsible for administering the federal wage and work hour laws. According to the division, there are no federal laws that specifically require employers to provide prior notice before changing an employee's work hours. The Fair Labor Standards Act does not impose minimum scheduling requirements for employers who hire adult employees. However, the act prohibits employers from requiring their employees under 16 to work excessive hours in violation of the federal child labor laws. The Wage and Hour Division specifically states that employers have the discretion to change an employee's schedule by reducing her work hours without first providing notice or obtaining her consent.
Wage Laws
Although the U.S. Department of Labor does not require employers to provide their employees with advance notice before cutting their hours, it does require employers to comply with the federal minimum wage and overtime regulations. In general, an employer can require an employee over 16 years old to work as many or as few hours as necessary to accommodate its staffing and productivity needs. Employers who are subject to wage or collective bargaining agreements with their employees must comply with the terms of their agreements. Some collective bargaining agreements specifically require employers to provide their employees with a minimum number of weekly hours.
Thank you for responding, I had another question to add on to the original. Since my hours had been cut without notice and say I needed 40 hours a week to keep an apartment etc. and was not given notice, in my position, I would have to work in areas where I have never worked nor did the previous employee who’s job I received just to pay for what I need. Now is this right? I have to work a different job even though the original oral agreement was that I take the shifts of the previous employee that was fired? I am contemplating separating from the company as I feel I am not being fairly treated when it comes to working positions I am not comfortable with and how those higher up can change my schedule in massive ways without notice.