Can an Employer Take Away Hours Already Worked?

The legality of an employer refusing to pay for hours an employee was authorized to work can vary. In the United States, if an employee has proof and documentation that they were authorized to work those hours, it is often advised to consult a lawyer.

In scenarios where the employee was not authorized to work the extra hours, the employer has the right to refuse payment. However, an employee must make sure they are properly authorized to work those hours. In many cases, the manager might decide to overlook the unauthorized work and pay the employee anyway, although this is unlikely.

Can Employers Reduce Work Hours Post-Ratification?

Yes, employers can generally reduce work hours and pay rates without issue, provided the employee's total compensation still meets or exceeds the minimum wage. Employee handbooks often grant employers significant leeway to modify assignments, adjust hours, or change shifts as required. However, there are exceptions:

Personal Contracts: These are rare but can provide specific terms regarding hours and pay. Union Agreements: Employees in a union might be protected under their union contract, which could prohibit arbitrary changes to wages, hours, or job assignments.

What About Overtime Pay?

The Fair Labor Standards Act (FLSA) regulates pay for hours worked, making these times compensable. Non-exempt employees must be paid for any time worked over 40 hours in a workweek at a rate of 1.5 times their regular hourly rate. Many companies have internal policies requiring prior authorization for overtime or working outside of a regular schedule. If an employee works more hours than authorized, a common tactic is to reduce future hours as compensation, ensuring expected payroll expenses are maintained. Some employers have even terminated employees for unauthorized overtime, fearing the drastic impact on payroll costs.

Ensuring Your Rights and Company Policies

Employees must be paid for hours worked, but it is crucial to understand and follow company policies. If your employer takes away hours you have worked without authorization, you must ensure that your work was authorized and documented. Consult your employee handbook and seek legal advice if necessary. Always communicate effectively with your employer to avoid misunderstandings and ensure compliance with labor laws and company policies.