Legal Question in Employment Law in Pennsylvania

Hours Extended at Work - No Compensation

They are extending our hours of employment at my job from a 7 hour day to a 7 1/2 hour day. So what was a 35 hour work week will now be a 37.5 hour work week. There is no additional compensation being discussed. I am salaried, and it is an ''at will'' place of employment. It seems like a slimey move to get more work out of us, or perhaps shrink their work force.

What are my options other than leaving, or what can I say to persuade them to increase my pay. It would be a 7% change in work, so 7% change in pay would make sense.

Thanks,

--name removed--Garson


Asked on 9/26/06, 3:52 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Hours Extended at Work - No Compensation

You asked about an employer changing hours without changing compensation.

You have no other options besides leaving. There is nothing inherently illegal about requiring any amount of hours outside of statutory requirements, or other regulatory guidelines. In other words, where the following computation is true then there is no problem with altering work conditions. X=>A*T+((T-40)*A*1.5) [X=Salary A=Minimum Wage

T=Time].

That applies as long as there is a legitimate business reason for the change and it is not based on discrimatory enforcement or application. An employer can make any demands it wishes on your time. It must provide so much time off per pay period (salary or hourly) and must pay you promptly in addition to many other rules of compliance. But generally it can change an employee's hours until such a point as it is essentially firing that employee.

Not the answer you wanted to hear but I hope it at least settles the question. Given the job climate, be happy to have an employer and make productive use of the extra time. FYI - very few employers expect salary folks to ONLy put in the minumum. Most employers expect salary employees to put in well more than 40 hours without any additional compensation.

Regards,

Roger Traversa

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Answered on 9/26/06, 4:25 pm


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