Portland, OR asked in Employment Law for Oregon

Q: Can my employer reduce hours if I'm paid like salary, even though I'm classified as hourly?

I am an outside salesperson. When I started, I was salary + commission. A couple years ago, my boss changed me to hourly, although my pay did not change. He merely did the math on what my salary would be if paid hourly, and basically clocked me in and out for 8 hours each day. In the 6 years I have worked there, he has never given me a raise, because I'm salary, even though I'm not. Recently, he cut my hours from 40 to 32 due to Covid-19, because he said he has to make cuts. He also cut my monthly gas allowance in half because he said I am not driving as much. Now my checks are about $400 less per payday. There isn't any work, as he laid off the appointment setter. He won't lay me off or furlough me so I can claim unemployment and the 8 hours a week he cut isn't enough to qualify for unemployment either. No appointments=no sales=no commission, so I am stuck being paid $800 less per month, with no relief.

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1 Lawyer Answer
Mr. Michael O. Stevens
Mr. Michael O. Stevens
  • Hillsboro, OR
  • Licensed in Oregon

A: Yes, they can. Your remedy is to quit if you can find another job that pays more.

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