Results 1 to 3 of 3
  1. #1
    Join Date
    Dec 2010
    Posts
    1

    Exclamation Cutting Work Hours for a Select Few

    My question involves labor and employment law for the state of: Alabama.
    MY brother has worked for his current employer for over 20 years. and recently he and 3 other people have been singled out for cut hours. They are only working 3 days a week. the rest of the employees get full hours. his current wages doesn't cover the cost of living. Also, I don't know the law pertaining to wage increases( pay raise). but he hasn't received a raise in several years. while selected employees have. based on what I've written, Does he have grounds for a lawsuit? what are the steps he needs to take to settle this matter. thank you.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Cutting Work Hours for a Select Few

    Most discrimination is legal. Unless he and his 3 co-workers have had their hours cut or have not gotten a raise (and others have not-or have, respectively) solely BECAUSE of a protected characteristic under Title VII of the Civil Rights Acts of 1964, such as race, age, gender, religion, ethnicity, national origin, etc.) no laws are being violated. Also, as long as he is making at least minimum wage, no law is being violated, either.

    Has he spoken to his supervisor and asked WHY his hours have been cut? Many companies will cut some hours from most employees, rather than a larger number of hours from just a few employees, and all in order to keep from laying off ANY employees. Has he asked his supervisor what he has to do to get a raise?

    It may not be "settle-able" without him finding another job. With regards to is decreased hours, he should immediately file for unemployment; he may be eligible for partial benefits while continuing to work the reduced hours. I can tell you if he quits because of the reduced hours, he almost certainly will NOT get unemployment.
    http://dir.alabama.gov/uc/claims.aspx

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Cutting Work Hours for a Select Few

    First of all, there are no laws anywhere in the US that require pay raises, ever. The ONLY situation under which the law requires that an employee be given a pay raise, is if the appropriate legislative body raises minimum wage, and the employee is earning less than the new minimum. Barring that, unless a legally binding and enforceable contract specifically states otherwise, it would be perfectly legal for an employee to be earning exactly the same on the last day he works (even 30 years later) as he was on his first day of work.

    As to the other issue, on the basis of what you have posted no, he has no grounds for a lawsuit. Contrary to what far too many people believe, nothing whatsoever in the law says that all employees have to be treated identically. It is quite legal to "single out" as it were, only certain employees; they just can't do it on the basis of a characteristic protected by law. All the law says is that the employer cannot select which employees have their ours cut (in this instance) BECAUSE OF their race, religion, national origin, gender, genetic information, disabilty, pregnancy, or because they are over 40. Although some states have implemented more protective laws, AL has not.

    So if you have more details that you think would change the answer, you'll need to provide them. Otherwise, the only way he can "settle the matter" is to look for other employment.

    P.S. It is not impossible that he might qualify for partial unemployment benefits to make up some of the difference in his wages. It can do no harm to apply.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 05-31-2011, 03:08 PM
  2. Denial & Appeals: Denied Because I Can't Work Other Hours
    By melaboo in forum Employment and Labor
    Replies: 6
    Last Post: 08-11-2009, 06:48 PM
  3. Hours: Cutting Hours to Prevent Overtime
    By Zaxious in forum Employment and Labor
    Replies: 2
    Last Post: 09-02-2008, 06:43 PM
  4. Disabilities and Accommodation: How Many Hours Do You Have To Work For FMLA?
    By snoopy in forum Employment and Labor
    Replies: 1
    Last Post: 06-04-2008, 05:40 PM
  5. Hours: Work Hours Cut in California
    By princessn4dwarfs in forum Employment and Labor
    Replies: 4
    Last Post: 10-24-2007, 06:08 PM
 
 
Sponsored Links

Legal Help, Information and Resources