Can an employer, after 10 years as an exempt employee, change status to non-exempt and require you to work more hours?

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Can an employer, after 10 years as an exempt employee, change status to non-exempt and require you to work more hours?

I have been working from 9-5 for almost 10 years now. I was recently change to non-exempt and noew I am being asked to work more hours. I took this job because I could work 9-5.

Asked on May 13, 2009 under Employment Labor Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

In Pennsylvania, as in most states, employment is "at will" unless you have a contract.  This means that you can be fired for any reason that is not illegal (race or age discrimination are examples of illegal reasons for firing).  So, for any reason that isn't one that would be an illegal reason to fire you, the company can change your conditions of employment in a way that is short of firing you, as well.

There is a limited exception to this, where an employee handbook is worded in a way that allows an employee to rely on it as if it were a contract.  If you have an employee handbook, or something of that sort, that you think might help you, (or if there is some other reason you think your case might be out of the ordinary), you should take it to a Pennsylvania attorney who practices labor and employment law, because this is a very difficult and technical argument that rarely succeeds.  One place you can look for a qualified lawyer is our website, http://attorneypages.com


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 AttorneyPages.com 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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