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?
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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
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 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 www.attorneypages.com and check his or her record at the Pennsylvania State Bar.
http://www.dli.state.pa.us/landi/lib/landi/laws-regulations/llc/wpclaw.pdf
http://www.dli.state.pa.us/landi/lib/landi/laws-regulations/llc/a-5.pdf
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