Employer has me FIX hrs if worked over 8 hrs

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Employer has me FIX hrs if worked over 8 hrs

I am told to decrease my hours already
worked so I do not exceed 8 hrs
I also have to include 2 10 min breaks
and 1 half hr lunch which I am not able
to take any of them. What action can I
take without being retaliated on
Massachusetts
Big company

Asked on September 10, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't take any action unless you have a still-in-effect (i.e. unexpired) written employment contract for a defined term or period of time (e.g. a one-year contract) which guarantees your hours. If you have such a contract, you can enforce it in court (i.e. via a "breach of contract" lawsuit if your employer violates it). But without such a contract, you are an employee at will, and your employer has the right to set or change your hours at will and to determine when you can--and cannot--work. So your employer may decrease you hours to less than 8 a day, or make yours whatever it wants.


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