If you’re a full-time employee facing a reduction in hours, you may be wondering about the legality and implications of such a move by your employer. Understanding your rights and knowing how to respond can significantly impact your employment situation and future.
This article discusses whether an employer can cut your hours from full-time to part-time, providing you with the necessary information and guidance.
What Exactly Is a Cut in Hours from Full-Time to Part-Time?
A cut in hours from full-time to part-time occurs when an employer reduces an employee’s working hours below the threshold typically defined as full-time.
In many cases, full-time employment is considered 40 hours per week, although this can vary depending on the company policy and employment contract.
When employee hours are reduced, it often affects not just the paycheck but also benefits such as health insurance, retirement contributions, and eligibility for certain types of leave. Therefore, ideally, the employer should send an advance notice as per federal laws. The prior notice alerts the employees, informing them of the current situation.
Is It Illegal for Employers to Cut Your Hours from Full-Time to Part-Time?
Generally speaking, it is not illegal for an employer to reduce your hours from full-time to part-time, especially in an at-will employment setting. However, there are specific circumstances and regulations that might make such a reduction unlawful. This is because the employers are bound to pay employees as per the state minimum hourly wage standard. Violation of the law for no reason could even qualify as wrongful termination because fewer hours mean less pay and chance of employees leaving.
- Violation of Contractual Agreements: If you have an employment contract that guarantees a set number of hours or specifies that you are to be employed as a full-time employee, reducing your hours might constitute a breach of contract. In such cases, you may have grounds for a legal claim against your employer.
- Discrimination and Retaliation: Under federal and state laws, employers are prohibited from reducing an employee’s hours based on discriminatory reasons such as race, gender, age, religion, disability, or retaliation for engaging in protected activities like filing a complaint about workplace harassment. If your hours are cut for any of these reasons, it may be illegal.
- Collective Bargaining Agreements: For unionized employees, the terms of employment, including work hours, are often governed by a collective bargaining agreement. Any changes to these terms without the union’s consent can be challenged legally.
- Retaliation for Exercising Legal Rights: Employers cannot reduce your hours in retaliation for exercising your legal rights, such as taking family or medical leave, filing for workers’ compensation, or reporting unsafe working conditions. Such actions can be deemed illegal under various federal and state employment laws.
When Is It Permissible for an Employer to Reduce Your Hours from Full-Time to Part-Time?
There are several scenarios where it is permissible for an employer to reduce your hours from full-time to part-time:
Business Necessity:
Employers may reduce hours due to legitimate business needs, such as economic downturns, restructuring, or changes in business operations. Provided the reduction is not based on discriminatory reasons, this is generally permissible.
At-Will Employment:
In at-will employment states like California, employers have broad discretion to change the terms of employment, including reducing hours, as long as it does not violate any specific contractual terms or laws.
Performance Issues:
If an employee is underperforming, an employer might reduce hours as part of a performance improvement plan. However, it is essential for the employer to document the performance issues and communicate clearly with the employee.
How It Impacts Employees
The impact of a reduction in hours can be significant, affecting various aspects of an employee’s professional and personal life:
Financial Impact:
One of the most immediate impacts is a reduction in income. This can lead to financial strain, especially if the employee has fixed expenses based on their full-time salary.
Benefits and Health Insurance:
Many full-time employees receive benefits such as health insurance, retirement contributions, and paid leave. Reducing hours to part-time can lead to a loss of these benefits, which can be a major concern for employees and their families.
Job Responsibilities and Career Progression:
A reduction in hours can sometimes come with diminished job responsibilities, which can impact an employee’s career progression and opportunities for advancement within the company.
Employment Status and Rights:
Switching from full-time to part-time can affect an employee’s status and rights, including eligibility for certain protections under federal and state laws. For instance, overtime pay in Nevada is a hot topic as only a few states offer it.
What Should You Do if Your Boss Illegally Reduces Your Working Hours from Full-Time to Part-Time?
If you believe your hours have been reduced illegally, here are steps you can take:
Document Everything:
Keep detailed records of your work schedule, communications with your employer, and any changes to your job responsibilities or hours. This documentation can be crucial if you decide to pursue legal action.
Seek Legal Advice:
Consult with an employment law attorney to understand your rights and options. An attorney can help you determine whether you have a valid claim and guide you through the legal process.
File a Complaint:
If you suspect discrimination or retaliation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency. These organizations can investigate and take action against your employer if they find evidence of unlawful conduct.
Consider Union Support:
If you are part of a union, contact your union representative for assistance. The union can provide support and potentially take action on your behalf under the collective bargaining agreement.
What Are Your Rights?
Employees have several rights that protect them from unfair or illegal reductions in hours:
- Right to Fair Treatment: Under federal and state laws, employees have the right to fair treatment and protection from discrimination and retaliation.
- Contractual Rights: If you have an employment contract, your employer is bound by its terms. Any changes to your hours must comply with the contract provisions.
- Union Protections: Unionized employees are protected by the terms of their collective bargaining agreements, which may provide additional safeguards against arbitrary reductions in hours.
An employment law attorney can further guide you regarding your rights and help you fight against any kind of injustice you face.
Can You Sue If Your Employer Cuts Your Hours from Full-Time to Part-Time?
Yes, you can sue your employer if they reduce your hours illegally. Here’s how and when you can take legal action:
When Can You Sue?
You can sue if the reduction in hours violates your employment contract, is based on discrimination, retaliation, or violates any specific legal protections you have under federal or state law.
How to Sue Your Employer for Reducing Your Hours
If you decide to pursue legal action, follow these steps:
- Consult an Employment Lawyer: An employment lawyer can evaluate your case, advise you on the strength of your claim, and represent you in legal proceedings.
- File a Complaint: Depending on the nature of your claim, you may need to file a complaint with the EEOC, a state agency, or directly in court.
- Prepare for Legal Proceedings: Gather all necessary documentation and evidence to support your claim. Your lawyer will guide you through the preparation and filing process.
What Can You Recover from This Lawsuit?
If you win your lawsuit, you may be entitled to various forms of compensation, including:
- Lost Wages: Compensation for the income you lost due to the reduction in hours.
- Reinstatement of Hours: An order requiring your employer to restore your full-time hours.
- Damages for Emotional Distress: Compensation for any emotional distress caused by the unlawful reduction in hours.
- Legal Fees: Reimbursement for legal fees and court costs.
Legal Considerations
When considering legal action, it’s important to understand the following:
- Statute of Limitations: There are time limits for filing legal claims related to employment disputes. These limits vary depending on the type of claim and jurisdiction, so it’s crucial to act promptly.
- Burden of Proof: In employment law cases, the burden of proof often lies with the employee. You will need to provide evidence that your employer’s actions were unlawful.
- Potential Retaliation: Be aware that taking legal action against your employer may lead to retaliation. However, retaliation itself is illegal, and you can take further action if it occurs.
How an Attorney Can Help If Your Employer Cuts Your Hours from Full-Time to Part-Time
An attorney can be instrumental in navigating the complexities of employment law when dealing with an unlawful reduction in work hours. Here are key points on how an attorney can assist you in this situation:
- Initial Consultation and Case Evaluation: An attorney will listen to your account, review your employment history, and assess whether your employer’s actions violate any laws, like the Fair Labor Standards Act (FLSA) or agreements. This initial evaluation helps determine the viability of your case and the best course of action.
- Legal Advice and Strategy: An attorney will explain your legal rights and outline a strategic plan tailored to your situation. They help you understand your options and choose the most effective approach to resolve the issue.
- Gathering Evidence: Attorneys assist in collecting and organizing documentation such as emails, pay stubs, and work schedules. They also gather witness statements to build a strong case.
- Filing Complaints and Legal Claims: An attorney can help file complaints with agencies like the EEOC or draft and file legal documents to initiate a lawsuit. They ensure all necessary paperwork is correctly submitted.
What More They Can Help With
- Negotiation and Mediation: Attorneys negotiate settlements with your employer to reach a fair resolution without going to court. They also represent you in mediation, advocating for your interests.
- Litigation: If your case goes to court, an attorney will represent you, presenting evidence and making legal arguments on your behalf. They may also bring in expert witnesses to strengthen your case.
- Protecting Against Retaliation: An attorney helps protect you from further retaliation by your employer, advising on additional legal actions if necessary. They implement measures to safeguard your employment rights.
- Maximizing Compensation: An employment attorney accurately calculates your potential damages, including lost wages and benefits. They strive to recover the maximum compensation available under the federal minimum wage law.
Understanding your rights and the legal details is essential if your employer cuts your hours from full-time to part-time. While employers have the flexibility to adjust work schedules in many cases, they must comply with contractual obligations and legal protections against discrimination and retaliation.
Protect Your Employment Rights with BLG
If you believe your hours have been reduced unlawfully, seeking legal advice and taking appropriate action can help protect your rights and secure the compensation you deserve.
If your employer has cut your hours from full-time to part-time and you believe it was done unlawfully, you don’t have to face this challenge alone. At BLG, our experienced employment law attorneys are dedicated to protecting your rights and ensuring you receive the justice and compensation you deserve.
Contact us today for a free consultation.
FAQs
Can an employee change from full-time to part-time?
Yes, employees can request to change from full-time to part-time. Approval depends on company policy and operational needs.
Why are my hours being cut?
Hours may be cut due to business needs, budget constraints, or a decrease in workload.
What to do if your employer stops scheduling you?
Communicate with your employer to understand the reason. Review your employment contract and consider seeking legal advice if necessary.
How are benefits impacted when an employee’s hours are reduced?
Benefits may be reduced or lost, depending on the company’s policies and the extent of the reduction in hours. Check with your HR department for specifics.
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