Question for the COC experts. Can OXY furlough LAPC employees after August 8?
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Dreadful company to work for
Just take the money as long as they continue to pay it
It's likely they can do a lot without making it a constructive discharge. In order to make that claim you probably have to make it known they are making your working conditions intolerable (document this). Then after some time you'll have to quit. Done some googling on this and spoken with a couple attorneys. It's a long shot and the 'rona is probably helping them more than you.
Seems like a reduction of 30% is enough to justify quitting and still claim unemployment in TX but not sure about constructive discharge and thus an involuntary termination.
Not an attorney and not legal advice.
I believe a company can cut your salary as much as they want as long as they do not reduce it below minimum wage for non-exempt and the federal limit for exempt employees.
Wage and Hour Law Compliance. Businesses considering temporary furloughs or reductions in hours should review the Fair Labor Standards Act (“FLSA”) and analogous state labor laws to maintain compliance. Employees who are non-exempt under the FLSA must be paid only for time actually spent working. Exempt employees, however, are entitled to their full weekly salary for any work week in which they perform any work. Even answering an email or responding to a phone call could violate the “no work” rule. When implementing a furlough or hours reduction, employers should place
exempt employees on furloughs in at least full-week increments. Additionally, employers should establish proper systems to ensure that exempt employees are not required to work, and do not work, during furlough. To the extent salary reductions are contemplated for exempt employees, employers should consider, among other things, any notice requirements under state or local law, and whether the salary reduction would cause an employee’s wages to decline below the applicable threshold for exemption under FLSA requirements (currently $684 per week). The employer should also consider the impact, if any, of a salary reduction on the affected employee’s entitlement to pension accrual or 401(k) plan matching contributions, or benefits under any applicable severance arrangements.
With regards to the WARN act, can salary be reduced by 30% and have 50% furlough?
Force majeure does not slow a party to vacate their contractual obligations. This is also fake news.
Force Majeure is in play because of emergency laws shutting down businesses.
All contracts are dead.
Will be cut every other week for 4 months
According to the Federal WARN Act if they cut hours more than 50% in each month for 6 months it is a lay-off.
That’s not true. We have lay-off protection until August 2022. But what about furloughs?
They can do anything they want after that one year clause expires.... and they will.