Can a Manager Adjust My Working Hours Post-Work?

In the dynamic business environment, managers often need to adjust employee working hours to align with company policies, business needs, or performance issues. However, what happens if the hours have already been worked and are challenged? This article explores the legal and ethical considerations surrounding this issue, providing valuable insights and guidance for employees.

Understanding Your Rights and Manager's Authority

The first step in addressing any potential issues with working hours is understanding your employment agreement and company policies. This document typically outlines your rights and the manager's authority over your working schedule.

Employment Agreement

It's crucial to review your employment contract or company policies to understand clearly:

Your entitlement to working hours and payment. The manager's authority to adjust working hours. The procedures for dispute resolution.

Labor Laws

Labor laws play a significant role in protecting your right to be paid for the hours you have worked. In many jurisdictions, including the USA, employers cannot unilaterally remove hours that have already been worked. For example, the Fair Labor Standards Act (FLSA) in the USA mandates payment for all hours worked within the applicable overtime threshold.

Documentation is Key

Maintaining accurate records is essential for your protection. Keep detailed records of:

Original scheduled hours. Actual hours worked. Any communications regarding your schedule.

This documentation can be crucial if you need to formally address the situation with your manager or the company.

Open Communication

If you feel that your working hours are being unfairly reduced, it's important to address the issue promptly. Start by discussing it with your manager or HR department. They may be able to provide clarity or resolve any misunderstandings.

Union Representation

If you belong to a union, speak with your union representative. They will have specific processes for addressing disputes related to working hours, ensuring your rights are fully protected.

Other Considerations

It's also worth considering a few additional scenarios:

Non-Union Employees

For non-union employees, a manager might have more flexibility to adjust working hours. However, the employee handbook typically grants the employer the right to change assignments, reduce or increase hours, and alter shifts. This flexibility comes with the condition that the employee is paid at least minimum wage.

Employees who have personal contracts, while rare in most industries, might have specific protections that prevent arbitrarily changing working hours without consent. Similarly, if you are a union member, your union contract might prohibit arbitrary wage or hours cuts, job or shift re-assignments, and other such changes.

Right to Refuse Unpaid Work

If you feel that the manager is attempting to create a situation where you work unpaid hours, it's important to have documentation that you were authorized to work the scheduled hours. If you have proof, seek legal advice to protect your rights.

Conclusion

Managers have the authority to adjust working hours, but they cannot unilaterally remove hours that have already been worked, unless specifically allowed by contracts or local labor laws. Maintaining thorough records, open communication, and understanding your rights are crucial steps in navigating any challenges that arise with working hours.

For further guidance, consulting with a labor attorney, HR, or union representative is highly recommended.