Can an employer reduce salary and increase hours without limits?

Full question:

Is it legal for an employer to reduce your salary but at the same time increase your hours of work? Is there a legal limit on how many hours a week an employer can work an employee without any days off? Also, is there a limit on how much time a person gets for lunch?

• Category: Employment
• Date: 04/07/2025
• State: Texas

Answer:

In general, it is legal for an employer to reduce your salary while increasing your hours of work, assuming there is no specific contract or employment manual that states otherwise. There are no federal laws limiting how many hours an employer can require an employee to work in a week without any days off. Additionally, there is no federal law that mandates a specific duration for lunch breaks.

The Fair Labor Standards Act (FLSA) does provide some protections, particularly regarding minimum wage and overtime pay for non-exempt employees. A common misconception is that all salaried employees, such as managers, are automatically exempt from overtime pay. This is not always true; it depends on the employee's job responsibilities. If an employee is misclassified and is entitled to overtime, the employer could face significant financial penalties.

For non-exempt employees, the FLSA requires that they be paid time and a half for hours worked over forty in a workweek. If an employer fails to pay this, they may be liable for back pay, liquidated damages, and attorney fees. The look-back period for unpaid overtime claims is three years, and damages can be substantial.

Exempt employees under the FLSA include those who meet specific criteria related to their job duties and salary. There are three main categories: executive, administrative, and professional exemptions. Each has its own tests to determine eligibility. For example, to qualify as an executive, an employee must manage a department and supervise at least two other employees, among other criteria.

Employers should regularly review employee classifications to ensure compliance with the FLSA and avoid potential legal issues. Changes in job responsibilities or company structure can affect whether an employee is exempt or non-exempt.