My employer in PA is switching from a 5/40 to a 9/90 work period, for exempt employees without over time pay is this legal?

UPDATED: Jun 9, 2009

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My employer in PA is switching from a 5/40 to a 9/90 work period, for exempt employees without over time pay is this legal?

I was hired to work 80 hours every 2 weeks 5 days a week 8 hours a day 40 hours a week. now they are planning on changing to a 9/90 alternative with 9 days of 10 hours and every other friday off. There is no over time or other benefits.

Asked on June 9, 2009 under Employment Labor Law, Pennsylvania


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Exempt employees generally do not earn overtime pay. Further, in most states, employment is at-will, so unless you are under contract, part of a union or your employee handbook states otherwise, you can be fired with or WITHOUT cause.

The best bet to determine the legality of your particular situation is to review the following and then consult with a labor law attorney.   Try and check his or her record at the Pennsylvania State Bar.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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