Losing work hours can be stressful, especially when it affects your paycheck and stability. If your employer suddenly reduces your hours, you may wonder — can you sue your employer for cutting your hours? The short answer is it depends on the reason behind the cut. In some cases, it’s legal; in others, it may violate employment laws.
This guide will help you understand when a reduction in hours is lawful, when it crosses the line, and what steps you can take if your employer breaks the law.
What Does It Mean When Your Employer Cuts Your Hours?
When your employer reduces your work hours, it usually means you’ll earn less money. Hour cuts can happen for many reasons — financial strain, low sales, or seasonal changes. However, not all reasons are acceptable under employment law.
If your employer cuts your hours for discriminatory, retaliatory, or contract-violating reasons, you may have grounds for legal action. Understanding the law is key to knowing whether you can sue your employer for cutting your hours.
Is It Legal for an Employer to Cut Your Hours?
In most states, employment is “at-will.” This means your employer can change your schedule, reduce your hours, or even end your employment at any time — as long as it’s not for an illegal reason.
However, there are important limits to this rule. Employers cannot cut your hours if doing so:
- Breaks the terms of a valid employment contract or collective bargaining agreement.
- Targets you for being part of a protected class (for example, based on race, gender, religion, age, or disability).
- Retaliates against you for asserting your legal rights, such as reporting unsafe work conditions or filing a complaint.
- Reduces your pay below the federal or state minimum wage.
- Applies wage reductions after the work is already done (that’s considered wage theft).
If any of these apply to your situation, you may be able to sue your employer for cutting your hours illegally.
When an Employer Can Legally Cut Your Hours
Sometimes, employers have legitimate reasons to cut work hours. For example:
- Business revenue has dropped, and the company needs to reduce labor costs.
- There’s less work due to seasonal demand or production slowdowns.
- The employer is restructuring or reorganizing staff roles.
In such cases, hour reductions are legal as long as the employer provides notice and does not break any employment contract or violate discrimination or retaliation laws.
However, even in these cases, communication and notice matter. If your employer reduces your hours without telling you in advance, it may still violate state wage notice laws.
When It Becomes Illegal to Cut Employee Hours
You may have a legal claim if your employer’s actions fall into one of the following categories.
1. Retaliation
It’s illegal for employers to cut your hours because you engaged in a protected activity. Examples include:
- Reporting sexual harassment or discrimination.
- Filing a workers’ compensation claim.
- Complaining about unpaid wages, overtime, or unsafe working conditions.
- Taking protected leave under the Family and Medical Leave Act (FMLA).
If your hours were cut soon after you engaged in one of these actions, that timing could suggest retaliation — a key ground for suing your employer.
2. Discrimination
Under Title VII of the Civil Rights Act, employers cannot make job decisions — including scheduling and pay — based on race, color, religion, sex, or national origin. Other federal laws protect workers from discrimination due to age (Age Discrimination in Employment Act) or disability (Americans with Disabilities Act).
If you notice that your hours were cut while others outside your protected group were not affected, you may have a discrimination case.
3. Breach of Contract
If you have an employment contract that promises specific hours, wages, or scheduling guarantees, your employer must follow those terms. Reducing your hours could be a breach of contract, allowing you to take legal action for the damages you suffered.
The same applies to union workers covered by collective bargaining agreements (CBAs). Employers must negotiate with the union before making any significant pay or hour changes.
4. Wage Theft or Minimum Wage Violations
Your employer cannot reduce your pay or hours in a way that brings your earnings below the federal minimum wage ($7.25/hour) or your state’s higher minimum wage.
Also, they cannot change your pay rate retroactively for hours you’ve already worked — doing so is considered wage theft, which is illegal under the Fair Labor Standards Act (FLSA).
Federal Laws That Protect Employees From Illegal Hour Cuts
Several federal laws protect workers against unfair hour or wage reductions:
- Fair Labor Standards Act (FLSA) – Ensures you’re paid at least minimum wage and overtime pay.
- Title VII of the Civil Rights Act – Protects employees from discrimination.
- Family and Medical Leave Act (FMLA) – Protects employees from retaliation after taking family or medical leave.
- Americans with Disabilities Act (ADA) – Prevents employers from discriminating against workers with disabilities.
- Occupational Safety and Health Act (OSHA) – Protects workers who report unsafe conditions from retaliation.
- Whistleblower Protection Laws – Guard employees who report illegal or unethical company activities.
Depending on your situation, your claim may involve one or more of these laws.
State Laws on Cutting Hours Without Notice
Each state has its own rules on notice requirements for wage or schedule changes.
Some examples:
- North Carolina requires written notice at least one pay period before any wage reduction.
- Missouri and Alaska specify particular notice timeframes ranging from 24 hours to 30 days.
- Other states simply require “reasonable” advance notice before reducing pay or hours.
If your employer reduced your hours without proper notice, you might have a state labor law claim. Consulting a local wage and hour attorney is the best way to understand your rights in your state.
The Role of the Worker Adjustment and Retraining Notification (WARN) Act
Under the WARN Act, large employers (with 100 or more employees) must give 60 days’ notice before a mass layoff or plant closing.
If your employer cut your hours by 50% or more for six months or longer, that can count as an “employment loss” under the WARN Act — meaning they were required to notify you in advance.
If they didn’t, you could be eligible for back pay and benefits for up to 60 days.
How to Recognize Unlawful Conduct by Your Employer
It’s important to stay alert at work. Watch for red flags like:
- Being the only employee targeted for hour cuts after making a complaint.
- Hearing discriminatory comments or jokes from supervisors.
- Being asked to perform unsafe or unethical tasks.
- Seeing patterns of cuts aimed only at certain age groups, genders, or races.
If any of these occur, start documenting everything right away. Notes, screenshots, emails, pay stubs, and schedules can all serve as crucial evidence later.
The Importance of Documentation
If you plan to sue your employer for cutting your hours, strong documentation is your best weapon. Save:
- Work schedules showing reduced hours.
- Pay stubs proving wage loss.
- Company emails or memos about hour changes.
- Performance reviews or HR communications.
- Notes of any discriminatory remarks or retaliatory behavior.
If coworkers experienced similar cuts, ask if they’re willing to provide witness statements. Consistent stories strengthen your case.
Can You Sue Your Employer for Cutting Your Hours? Here’s When You Can
Yes, you can — but only if your rights were violated.
Here are some common scenarios when suing your employer is possible:
- Your hours were reduced after reporting workplace misconduct.
- You were targeted for hour cuts based on race, gender, or age.
- Your employer broke a signed employment contract or CBA.
- Your pay fell below the minimum wage.
- You weren’t given notice as required by state or federal law.
In these situations, an employment law attorney can evaluate your case and file the appropriate legal claim.
How to Sue Your Employer for Cutting Your Hours
If you believe your employer acted illegally, here’s what to do:
- Consult an Employment Lawyer: Most employment attorneys offer a free consultation to assess your situation. Bring your documentation with you.
- File a Complaint: Depending on your claim, your lawyer may help you file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state labor agency.
- Participate in Mediation: Sometimes, the EEOC will offer to mediate between you and your employer. If mediation fails, you’ll get a “Right to Sue” letter.
- File a Lawsuit: With your attorney’s help, you can sue your employer for damages.
- Gather Evidence and Witnesses: Strong evidence — schedules, messages, and witness statements — will support your case in court.
- Await the Outcome: Many cases end in a settlement, where your employer agrees to pay compensation. Others may go to trial.
What Compensation Can You Get?
If your lawsuit is successful, you may be entitled to:
- Back pay for lost wages.
- Front pay for future lost income.
- Reinstatement to your former position.
- Compensation for emotional distress or humiliation.
- Punitive damages if your employer acted maliciously.
- Attorney’s fees and court costs.
Each case is unique, so the exact outcome depends on your specific situation.
When to Talk to a Lawyer
You should talk to an employment law attorney if:
- Your hours were reduced after you complained or took leave.
- You were treated differently than coworkers.
- You were denied pay you already earned.
- You weren’t given proper notice before the cuts.
A lawyer can explain your legal options, help file complaints with the right agencies, and represent you in negotiations or court.
Protecting Yourself Moving Forward
Even if you decide not to sue, you can protect yourself by:
- Keeping written communication with HR or supervisors.
- Asking for written explanations of any schedule or pay change.
- Documenting your hours weekly.
- Staying informed about your company’s policies and your state’s labor laws.
Being proactive helps you prevent future issues and strengthens your position if something happens again.
Final Thoughts
So, can you sue your employer for cutting your hours? The answer depends on why and how your hours were reduced. Employers can legally cut hours for business reasons — but not as a form of retaliation, discrimination, or contract violation.
If your pay or hours were cut unfairly or illegally, don’t stay silent. You have legal rights and protections under federal and state law.
Speaking to an experienced employment lawyer can help you understand your options, recover lost wages, and hold your employer accountable. Remember, your work matters — and so do your rights.