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Nov29

40 Hour Guarantee

We are looking to implement a 40 hour guaranteed minimum for our employees, due to our unstable schedule. Can we establish criteria to qualify for the guarantee? Such as “can’t be on worker’s compensation, etc..?

Imposing a minimum number of hours to be worked by employees is permissible but what exactly do you mean by a “guarantee”?

Let’s assume by “guarantee” you mean that only employees who work 40 hours minimum per week are entitled to certain benefits. Employers are within their rights to impose such requirements. However, cancelling an employee’s benefits because they’re out sick for a day or on worker’s comp or on FMLA leave may be unlawful.

Remember, employees who are on worker’s comp have suffered from a workplace accident or illness that prevents them from working. In many cases, the employee may also be considered to have a disability as defined by federal law. Thus, any negative employment action taken against the employee due to his condition or disability may be construed as discriminatory.

Feel free to post a comment on this question providing more specifics of the situation.

This entry was posted on Sunday, November 29th, 2015 at 10:07 pm and is filed under
Human Resources Management, Workplace Management.
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