Reducing EE hours - HELP ASAP

lnelson · October 2003

Can we reduce an employees hours if they are the only one in the dept. ? If so, would this be considered discriminatory?
Does it have to be done throughout the work force or is departmentally ok?

Parabeagle · October 2003

Maybe I'm missing something, but based on your post I don't see why not. Just because they're the only one in a department? If a one-person department finishes all his/her work in x hours instead of y hours, why wouldn't you take the opportunity to save some money and reduce that "department's" hours?

Pork · October 2003

INELSON: I must be dense, or just not in to it this afternoon, maybe my suger is to high! The company can always reduce hours of operation in any or all departments. The question is: how many hours does it take to get the necessary work accomplished; at the point that productivity is complete, then one can be ordered to shut it down and go home. I do not believe any ee is guarnteed 40 hours regardless of the company needs!!!

PORK

marc · October 2003

We have done that exact thing before for both exempt and non-exempt. For non-exempt, just reduced the hours. There can be some issues if you go from 40 to below 30 and therefore effect benefits. You might find yourself putting out a Cobra letter because of it. For exempt, we lower the salary and the workschedule. The same issues with benefits exist here as with non-exempt.

lnelson · October 2003

Thank you for the responses. I am just alittle skittish these days and want to double check if what I feel to be correct or acceptable matches with other HR personnel.x:D

Again Thanks.

Shawn · October 2003

I'm sure you can reduce the hours. However, if you were the EE hired with an understanding that you were a F/T employee then you wouldn't be so happy to hear "you have done such a great job of getting the work done quickly that we have decided to stick it to you and reduce your hours".

Can't you find something additional for the person to do for the organization that will keep their hours? Otherwise the EE is likely to start looking for a place to work that will treat him/her right.

dmartenson · October 2003

Not sure if this is just pertinent to Minnesota, but if we reduce an EE's hours, and they don't like it, they can quit and go collect unemployment. The reason is that we have made their job "considerably less attractive". I think this prevents ER's from cutting EE's hours hoping to get them to quit - and not having to fire them - thinking they can get away with no UE. Ha. That does not fly here in MN.

lnelson · October 2003

I don't think it would fly here in CA either. But in this case we do not want the ee to quit or be laid off just not enough work to keep her busy 40 hr a wk.
Hopefully, this will change soon.

Steve McElfresh · October 2003

Absent a contract, violations of public policy, or employment in Montana, no one has job protection. Doesn't matter if the change in hours is a small reduction or a total elimination (i.e., a firing/RIF).

But your question about discrimination with the schedule reduction is not silly. Do the thought experiment: could there be reasonable concern about apparent discrimination if you RIF'd this person, and this person only? Probably not.

But if there MIGHT be reasonably concern with a RIF (the only minority/>40/woman, other groups facing similar downturn without layoffs, etc.), you should think through the potential claim and perhaps get some advice, just as you would with a RIF that seems risky.

This seems very unlikely from the few facts you gave. But you are smart to at consider the question.

Regards,

Steve Mac

Steve McElfresh, PhD
Principal & Founder
HR Futures
408.605.1870

njjel · October 2003

Just be careful that it doesn't "look like" discrimination. If the ee is a minority or over 40 or disabled it could open a can of worms for the company. You say it may not be long before you have 40 hours work for the ee....if that is the case, why not ride it out and give the ee the benefit of an easy week for a while? It certainly isn't good for company-wide morale to reduce hours for short periods of time here and there especially if you wish to retain good employees.

lnelson · October 2003

We have started the reduced week the ee is actually alittle happy about it gives her more time with her kids. Down fall is less income which she is coping with but all in all seems ok with it. She may not want to go back to 40 hr week. I'll keep all forumites posted.

Thank you.

Reducing EE hours - HELP ASAP

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