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.

Related Topics:
1 Lawyer Answer

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.