Can My Employer Change My Hours Without Asking?

Employee work schedules are one of the most hotly contested issues in the workplace. Ask any manager and they’ll tell you it’s where many of their headaches come from. Can your employer change your hours without your knowledge or consent in New York?

The answer mainly concerns the provisions of the Fair Labor Standards Act (FLSA) and the New York State Department of Labor (NYSDOL).

Here’s what you need to know.

Exempt vs. Non-Exempt

The first thing to consider when it comes to changing employee working hours is if you are exempt or non-exempt employee.

Non-exempt employees are generally eligible for overtime pay. Exempt employees usually have a fixed salary for their services, covering all hours worked. Non-exempt employees must be paid for the exact number of hours worked. Exempt employees must be paid for their full-day work, whether they work a complete day, a half-day, or any significant part of a day.

It is important to note that whether an employee is exempt or non-exempt is not dependent on whether they are salaried or hourly.

The FLSA does not offer protection to hourly employees regarding alterations made to their work schedules. That means an employer can change the hours of an hourly employee without notice or permission.

Salaried Exempt Workers

For salaried workers, it is lawful for employers to change their schedules without warning or permission in most cases. If an employee is a salaried exempt worker and paid as a salaried employee, their salary stands even if their workweek is modified.

Exempt employees are those workers who are exempt from the overtime provisions of the FLSA. This is true even if they work longer than forty hours per week, they are not eligible for overtime pay. As a result, employers can change an exempt worker’s schedule without providing advance notice.

New York employees should be aware that employers may have the right to alter your work schedule. They can do so with 72 hours notice. They must also pay for the hours worked on time for non-exempt employees. Also, they must follow FLSA guidelines for overtime pay.

Make sure you check your employment contract and state labor laws to ensure that you are receiving the pay and the hours to which you are entitled. If you feel that your rights have been violated, you should discuss the matter with your employer. If that doesn’t help, contact an attorney. For more information or to speak to someone about your rights in the workplace if you face discrimination, contact Borrelli & Associates, P.L.L.C.