Human Resource Blog

Flexible work Schedules

Can an New Jersey employer compel an employee to reduce his daily work hours without notice? A health care provider which employs a relative is demanding that employees “volunteer” to “flex” or leave their shifts early when there is a shortage of work. Sometimes these non-exempt, 40 hour work-week employees are asked upon their arrival to decide if they would like the day off without pay. This results in substantial loss of wages. Can this be legal even if not explicitly addressed in the FLSA

This is completely legal under federal law. Employees need only be paid for the hours they work…not the hours they are scheduled for. This is true, even if it is the employers decision for the employee not to work. This is a very common practice. Although it is somewhat unusual in the healthcare field, it is routine in many industries including restaurants, construction and amusement parks. If you report to work at a water park on a day that it is raining, you can bet that you are going to be sent home. The employer is under no obligation to pay people to stand around and stare into space.

The employer does not even have to ask for volunteers. The employer could designate which employees will stay, and which will be sent home without pay.

A few states have laws regarding minimum pay for reporting. In California, for example, an employee who is sent home early must be paid for half the shift. So an employee scheduled for 8 hours and sent home before clocking in, must be paid for 4 hours. However, as far as we can determine, New Jersey has no such law. Employees in New Jersey must be paid for all time worked, under both state and federal law. If the employee does not work or only works for 10 mintues, that is what they are paid for.