If I was hired as a full-time 40 hour per week hourly employee over 3 years ago, can my schedule now be changed to 45 hours per week?

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If I was hired as a full-time 40 hour per week hourly employee over 3 years ago, can my schedule now be changed to 45 hours per week?

I must also work 6 days per week. This is a permanent situation. The position and responsibilities are the same. Can they do that?

Asked on December 29, 2015 under Employment Labor Law, California

Answers:

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

Answered 5 years ago | Contributor

Does ths action violate company policy or the terms of an employment contract or union agreement? Does it constitute some form of legally actionable discrimination? If not, then your employer is within its legal rights to have you work these hours. The fact is that an "at will" work arrangement, an employer can set the terms and conditions of the workplace much as it sees fit or deems neccesary. This includes the hours that an employee is regularly scheduled to work.
That having been said, if you are a non-exempt employee you are entitled to overtime pay. In order to determine whether or not you are exempt, here is a link to a site that will be of help:
http://www.calchamber.com/california-employment-law/pages/exempt-nonexempt-employees.aspx


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