I work for a company that considers a full-time work week to be 36 hours. I am currently a full-time benefitted employee. We earn PTO on a regular basis, accruing 6.37 hours bi-weekly. During the slow months the employees get sent home early and cut from shifts due to lack of work. During this time, we are forced to use our PTO to cover the hours missed from work to maintain full-time status. Is it legal to force me to work less than the agreed upon 36 full-time hours AND take my earned PTO to cover the lack of hours?
1 Answer from Attorneys
If you don't have a written contract, then yes it is legal. Your employer is not obligated to work you 36 hours per week and is not obligated to keep you full-time. The alternative is that you would be at less than full-time and would lose your benefits. On the whole, it is probably better to lose your PTO than your health insurance.