The Legality of Forcing Part-Time Employees to Work Full-Time
Changing people's work schedules, particularly when they function as part-time employees, may result in unexpected or expensive impacts if not planned ahead of time. Much depends on the circumstances of how the employee's schedule gets changed and for how long. Employers who are not careful may find themselves either paying more in labor costs or penalties.
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At-Will Employment
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Non-contract employees hired as at-will employees do not have much protection if an employer wants to suddenly change their work schedule. In fact, the only recourse the employee has is to refuse the assignment, and the employer can then legally terminate the person for insubordination or for no stated reason at all. Contract employees, on the other hand, can assert their contract work terms and sue for wrongful termination if subsequently fired for refusing to work.
FLSA
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The federal Fair Labor Standards Act (FLSA) requires that employees working more than 40 hours a week be paid overtime wages. To the extent an employee is ordered to more than work full-time, he can expect time-and-a-half pay. Professional employees have no such protection, being paid on a salary basis, unless the number of hours works means they will then earn less than required overtime wages or below minimum wage.
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Freelancers
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Freelance or service providers hired on a part-time job contract have no employment protections from demands for increased work. Instead, such workers need to protect themselves proactively with contractual terms requiring additional pay or set hours for the work to be performed. However, this must be balanced with a low enough cost to win project bids.
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