›

reducing hours of non-exempt

cudakidcudakid 1 Post
in Compensation Vote Up0Vote Down
I have an employee that works just shy of 40 hrs. To prevent her from working overtime, "time card creep", I have her scheduled for 35 hours. She believes that I cannot do this without laying her off. She is a "full time" employee.

I live in Alabama
Share on Facebook Share on Twitter

Comments

  • 3 Comments sorted by Votes Date Added
  • amwkimamwkim 72 Posts
    PMVote Up0Vote Down
    What is you definition of "full-time" in your handbook? At 35 hours, is she still eligible for benefits? Is her pay being reduced?

    Is the purpose just to ensure she doesn't work overtime? If so, can she be moved to exempt status?


    Share on Facebook Share on Twitter
  • marcmarc 3,126 Posts
    PMVote Up0Vote Down
    Exempt status is based on an analysis of a job description, not to prevent someone from working overtime.

    Why not enlist the EEs help in preventing OT. If you do not have a policy requiring OT to be approved in advance - write one. Then OT should not happen without approval. If it does, you still must pay it, but then you can discipline the EE for not following your policy.

    I beleive you can reduce hours to 35 without laying her off.
    Share on Facebook Share on Twitter
  • Hunter1Hunter1 808 Posts
    PMVote Up0Vote Down
    Unless you have some kind of contract with the employee or are subject to a union labor agreement, the employER is always in charge of hours worked. If hours are cut enough, the employee may be eligible for partial unemployment comp, but as the employer, you're in charge of hours. If the employee works hours that aren't approved, you need to handle it as a disciplinary matter.
    Share on Facebook Share on Twitter
Sign In or Register to comment.