What to do about not getting a 40 hour work week?
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What to do about not getting a 40 hour work week?
My daughter works for a day care making just a little over minimum wage. She was told at her center that next week (Christmas week) because they have a low amount of children, she will only get paid for Christmas day and they all get to pick up one more day between all the employees. She picked Thursday but she will not be paid for the 3 days she is forced not to work. They are stealing 3 days pay from her and i guess that’s her Christmas bonus? She is a full-time worker with benefits has been there over a year and works 40 hours a week. They have asked her to leave early on occasions when the day kids fall under the ratio but she was never forced to leave because I’m pretty sure they have to pay her 40 hours a week unless they ask her?
Asked on December 20, 2012 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your daughter does not have a written employment contract, she is an employee at will. An employee at will may have her hours, days, or shifts reduced at any time by her employer; she may also be made to leave early at the employer's will; told to come in late; have her hours otherwise curtailed; etc. What you describe may be unfair and grinch-like, but it is legal; your daughter's employer is under no obligation to give her a 40-hour work week unless she had an employment contract requiring it.
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