salaried

System · November 2008

Can we as an employer reduce an employee's hours of work, legally, with a reasonable amount of notice? The employee has part time hours and we want to reduce those hours further because the workload does not justify the amount of hours.

ACU Frank · November 2008

In most states, you can do that with or without notice.

System · November 2008

Thank you.

davids · November 2008

Although you may not have any requirement to provide notice, depending on how large of a cut in hours you are imposing, providing notice would be the humane thing to do.

System · November 2008

We would certainly do that. I just only looking to see if it was required by law. Thank you for your reply.

stilldazed · November 2008

If the reduction in hours results in a loss of pay, the person will probably be awarded unemployment benefits since the cut in hours will be interpreted as a form of lay off. So, is the plan also to cut the person's salary?

System · November 2008

Yes. I know that we would have to pay unemployment benefits. Thanks for your reply.

ACU Frank · November 2008

In many states, this would not impact UI. The employee is already parttime, so there is no explicit wage expectation.

System · November 2008

In ohio, we would still be responsible. Thank you for your reply.

Myrna Minkoff · November 2008

If you are going to reduce pay in conjunctino with reducing hours, I'd check and make sure that you are still meeting the minimum salary requirement for an exempt employee (I assume the EE is exempt since the post is entitled "salaried"). The DOL clarified earlier this year that you can't just pro rate it.

[url]http://www.dol.gov/esa/whd/opinion/FLSANA/2008/2008_02_14_01NA_FLSA.htm[/url]

System · November 2008

Thank you. I will check into that.

salaried

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