Your Right to Time Off Work FAQ

Questions:

• Do I have the right to take time off when I have a baby -- and is that time paid?
• Is it legal for my employer to offer paid vacation time only to employees who work at least 32 hours a week?
• I'm an hourly worker, and my employer cut my hours (and pay), but I'm still working just as much to get my job done. Is this legal?
• I'm in the National Guard, and I've been called to active duty. Am I entitled to get my job back when I return? Can my wife take time off now to make arrangements for my departure?
• I recently left an abusive relationship; am I entitled to time off work to find a new place to live and get a restraining order to protect my kids and me?
• Can I take time off to vote?
• How can I find a good employment law attorney?

Answer:

I'm an hourly worker, and my employer cut my hours (and pay), but I'm still working just as much to get my job done. Is this legal?

If you're an hourly employee -- that is, you are entitled to overtime if you work extra hours -- then your employer is legally obligated to pay you for every hour you work, whether your hours have been officially cut or not. And you are still entitled to overtime if you work more than 40 hours in a week (or, in some states, more than eight hours in a day). For more information on the legality of hours cuts and similar cost-cutting measures, see Nolo's article Furloughs, Hour Cuts, and Pay Cuts: Your Rights.