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Can an employer reduce weekly hours to offset overtime?

Salinas, CA |

I was hired to work 40 hours a week with mandatory overtime when needed. I am required to go out after hours and walk the property and to go in on Sunday and holidays to open the amenities. Now my employer wants to reduce my regular hours to offset the overtime that they require me to work. I will be paid the overtime rate for the overtime worked, but my work week will be reduced so I will be paid as if I worked a straight 40 hours. I did not agree to this when I was hired. This just started because of poor budgeting on the companies part. Is it not true that both parties have to have a written agreement to alternative compensation regarding overtime?

Attorney Answers 2


Unless your employment is already covered by a written contract or agreement (for example, a collective bargaining agreement), your employer has the right to set your work hours, and your continued employment would likely be deemed acceptance to the new terms. Unfortunately, there is probably nothing you can do about your situation other than go along with it or find a new job. Good luck to you.

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Not unless there is an express written or other agreement otherwise.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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