then decide they arnt busy enough so they have you come in randomly each day 10am 9am ect...and leave early at any time any day; which in tern leaves you out of the original 40 hours a week that you were hired for---is that exceptable, or illegal to keep you from getting the full 40 hours you originally agreed on?
AND
Since the persons that are on call will get paid over time -they decide to have you work the "extra" on call hours without your overtime pay because they took your full hours away (that once again you agreed on when you started) Is that exceptable or illegal?
2007-10-19 12:56:15 · 5 answers · asked by BriteIze 1 in Politics & Government ➔ Law & Ethics
Sounds like you're working for a small company that has too much -- and not enough -- business. They needed someone available for the extra work that comes in occasionally, and they white-lied to you about how much work they'd give you in order to have you available to them 24/7.
It's definitely not right, but it is legal. Do you have an agreement in writing?
Did they hire you as a independent contractor (1099) or a regular full time employee with benefits, etc (W-2)? I'm guessing you're a contractor. If you are, there's nothing you can do about it. If you're a full-time regular employee, you might have a case to argue with them that you are entitled to a guaranteed 37.5-40 hour work week, since that IS the definition of a full-time employee.
They can change the timing of your schedule as they please, though, whether or not you agree with it.
2007-10-19 14:21:09 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Unless you have an employment contract stating that you will receive 40 hours (in writing), then they can employ you whatever hours they want. In absence of a contract to the contrary, it is legal for a company to work you however many hours (up to 40) that they see fit.
As to persons on call --- that's why they are on call is to fill in if they have no one else available. Naturally a company is going to use the employee that costs the least. And this is legal as well.
Some things are indeed unfair and still legal. This is why it is so important for employees to investigate prospective employers as thoroughly as employers investigate prospective employees.
2007-10-19 13:07:04 · answer #2 · answered by Wyoming Rider 6 · 0⤊ 0⤋
Generally, if your employment agreement was not in writing, they can adjust or cut back your hours legally.
They can also, generally, refuse to pay you the extra on-call pay, unless you have already worked more than 40 hours in the week or 8 hours that day.
Contact your state labor board for details regarding the wage and hour laws in your state.
2007-10-19 13:01:54 · answer #3 · answered by raichasays 7 · 0⤊ 0⤋
An agreement is different than a contract. They probably knew what was going to happen when you were hired but they aren't likely to present that in an interview. You will probably need to find another job to get the hours you need.
2007-10-19 13:07:46 · answer #4 · answered by sensible_man 7 · 1⤊ 0⤋
ahhah would you rather work those 40 hours and your boss not being able to pay you because they have no money.. jesus. ya take them to court cuz they are to broke. good oneb
2007-10-19 13:27:49 · answer #5 · answered by purplepeet20 2 · 0⤊ 1⤋