Can a new employee be scheduled to work more hours then an employee that has been there for 6 years because they make less?

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Can a new employee be scheduled to work more hours then an employee that has been there for 6 years because they make less?

Asked on July 18, 2011 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While unfair it is legal. That is unless this action violates company policy, was done for a discriminatory purpose, or violates a union/employment contract. The fact is that in an at will employment relationship, an employer has a great deal of discretion; basically it can set the terms of employment as it sees fit. This includes hiring/firing, promotion/demotion/ and increases/decreases in salary/hours. For your part you can work for an employer or not, your choice. Granted in this economy that might not be much of a choice but it is the law.


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