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    pslflcb's Avatar
    pslflcb Posts: 1, Reputation: 1
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    #1

    Jun 18, 2012, 11:21 AM
    Salary vs hourly employment
    I was hired as a salaried employee, based on 40 hrs per week; no contract signed, just a verbal agreement. During July and Aug this year I'm being cut to 20 hrs per week at an hourly pay rate of $6.00 per hr less than my "salary" rate. Then in Sept I'm being bumped back up to 40 hrs per week, at the salary rate. However during 6 months of the year, when I'm on "salary", I actually work 43 hrs per week, but my check only shows payment based on 40 hrs. Can an employer legally do this sort of thing?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 18, 2012, 12:37 PM
    Where? Union or contract?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #3

    Jun 18, 2012, 12:49 PM
    Is your lunch and break part of that 43 hours?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jun 18, 2012, 05:53 PM
    Quote Originally Posted by JudyKayTee View Post
    ... Union or contract?
    I believe OP answered that question before you asked it: "no contract signed, just a verbal agreement."

    Unless the verbal agreement had some sort of tenure provision ("I won't lay you off without good cause" or "if I have to lay you off or reduce your hours, I will give you a severance package", I don't believe OP has much of a case. The employer could just let OP go, and then, if he or she chose, re-hire him/her at the reduced hours per week and reduced wage rate.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 18, 2012, 07:43 PM
    Quote Originally Posted by AK lawyer View Post
    I believe OP answered that question before you asked it: "no contract signed, just a verbal agreement."

    Unless the verbal agreement had some sort of tenure provision ("I won't lay you off without good cause" or "if I have to lay you off or reduce your hours, I will give you a severance package", I don't believe OP has much of a case. The employer could just let OP go, and then, if he or she chose, re-hire him/her at the reduced hours per week and reduced wage rate.
    - And so he did.

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