Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Forced to work 40+hours, Paid for 28 Hours Ohio

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Forced to work 40+hours, Paid for 28 Hours Ohio

    My wife works for a smaller company. She is a standard administrative "Exempt" employee. The issue is the employer has deemed it necessary to cut all inside staff hours back to 28 hours/per week.
    Now mind you, these people are all salary employees. The thinking is that business is slow, so we cut staff hours, instead of laying off more people.
    Sounds ok, but, the reality is that business is not that slow, and the only thing "cut" is the employees pay. They are being paid for a 28 hours per week, and are told that if they want to be a "team player", they need to work, as usual, to get the job done. So, my wife is working her standard 40-50 hours per week and being paid for 28 hours. Is this legal? It just does not seem right.

    Thanks,

    Jason

  • #2
    If she is legitimately classified as exempt, then she is paid a regular weekly salary every week no matter how many or how few hours she works. She does not get additional pay when she works additional hours; she does not have her salary cut if she works fewer hours except in VERY limited, highly regulated circumstances.

    However, nothing in the law prohibits an employer from lowering a salary as long as they receive whatever prior notice is required by your state.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      If she is exempt, she can be worked as few or as many hours as the employer wishes, however, she must be paid at least $455 per week.

      If she is still making at least that amount, she may not be happy, but it is legal.

      If she is NOT making at least $455, you have a whole new ball game.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

      Comment


      • #4
        Well, I suppose maybe I am a bit confused on the "exempt" thing...
        But she is a salary paid employee...paid twice a month, and she is now only receiving 28 hours worth of pay.
        So, you are saying that it probably is not illegal to cut staff pay so drastically, (guising it under "reduced hours program") but demand staff do "whatever it takes" (in other words, work as normal) to complete all required work?

        Comment


        • #5
          Salaried and exempt are often confused, but they are not the same.

          A person can be paid a salary without being exempt, but if that person works more than 40 hours, then he/she must be paid overtime.

          Yes, employers can, within certain limitations, make radical changes to an employee's pay. States tend to require advance notice, but mine only requires the notice be given before the work is done ("Hello, John, glad I caught you as you were leaving for work, we have cut your pay in half. See you at the office in a few minutes!").

          Drastic cuts are not good for morale and certainly will lead to high turnover, which is not good for the company.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X