Can an employer give you less than full (or part) time hours when hired for such a position?

I was asked (informally) to stay home and earn “call” hours (under minimum wage), until I was needed. Last week that amounted to less than 10 hours of actual work. Can I receive back pay?

Asked on July 13, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, the law does not mandate minimum hours. An employer could hire someone for literally one hour per week, for example, and that would be legal. Also, since employment is employment at will (unless you have a written employment contract to the contrary), the employer may change your hours at any time, for any reason, such as to reduce them. So you can be hired for less than full-time, even less than any reasonable definition of part-time, hours.


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