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Is a company legally required to provide you an opportunity to work 40 hours if you are classified as a full time employee?
The company I am working for is having its annual holiday party during working hours, but have decided not to pay anyone during the time of the party (you either take no pay or use your PTO). The party is strictly voluntary, and is being held at an off site location during working hours. So if you do not want to attend you are forced to go home, you cannot stay in the office and work.
Interesting issue. I'll take a stab at it. I am not sure how much state rules over this, but under the Fair Labor Standards Act:
2. Is it legal for an employer to reduce the wages or number of hours of an hourly employee?
[...] The Act does not preclude an employer from lowering an employee’s hourly rate, provided the rate paid is at least the minimum wage, or from reducing the number of hours the employee is scheduled to work.
Sucky practice? Absolutely. But legal. Unless you are an exempt employee.
Weather issues are outside of their control and covered differently, however.
Oh, also: For all intent and purposes, full-time/part-time is fully dependent on the employer. Some do 40, 35, or even 30. There is no federal limit on this.
Last edited by LaCelestina; 11-21-2013 at 05:15 PM..
Reason: Removed 35hr average
Remember the recent furlough?
It's getting more common for companies to shutdown during the 4th and/or Xmas and forcing employees to take PTO or unpaid time off.
No, they are not legally obligated to allow you to work the 40 hours. In fact, 32+ is usually considered full-time.
That said, this time of year people in offices work short hours...and I have learned that office managers, bosses, etc think that they are doing favors with the office parties and the half days. So, in this case, I have learned to adapt. While I also would rather have my full hours, I have learned to enjoy the half day on Christmas Eve that allows me to have more time with the family at the holiday.
Due to cost of Obamacare, many companies are cutting employees to 28 hours or less, to save having to give them insurance starting the first of the year.
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