Legal Question in Employment Law in Florida

Our small Construction business is very slow right now. Rather than laying off the employees, we would like to cut their time from full time to part time. Is this legal?

If yes, since they are salary paid, would we then need to pay them by the hour? or would we readjust their salary?

Would we need to write up a contract stipulating that they agree to the change?

We are really at a loss. Meanwhile we are paying for them to do nothing.


Asked on 8/20/10, 2:53 pm

1 Answer from Attorneys

Scott Behren Behren Law Firm

Under the overtime laws, they probably all need to be paid hourly, I bet they don't qualify to be salary exempt. But yes, tell them, they are going from ft to pt and pay them for hours worked. Tell them due to business slowdown. Tell them they are welcome back FT when economy justifies it. If they can't do it, tell them they can quit and offer a severance payment in exchange for a release. Dont think you need a contract to change number of hours.

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Answered on 8/25/10, 7:04 pm


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