Q&A

# How many hours does an employer have to guarantee?

## How many hours does an employer have to guarantee?

The employer must guarantee to offer the worker employment for a total number of work hours equal to at least three-fourths of the workdays in each 12-week period (or 6-week period for job orders lasting less than 120 days).

How much do you get paid if you work 40 hours a week?

The [&hours&] worked from 35 to 40 would be compensated at \$20 per hour, which is the hourly equivalent of their weekly salary (\$700 divided by 35 hours = \$20/hour). If the employee works more than 40 [&hours&] in a workweek, you must [&pay&] them [&overtime&] for the [&hours&] in excess of 40.

When do employers have to pay under the three fourths guarantee?

If during any 12- or 6-week period during the period of the job order, the employer offers the U.S. or H-2B worker less employment than that required under the three-fourths guarantee, the employer must pay such worker the amount the worker would have earned had the worker, in fact, worked for the guaranteed number of days.

### What is the three fourths guarantee in H-2B?

All H-2B employers must fulfill a three-quarters guarantee. The employer must guarantee to offer the worker employment for a total number of work hours equal to at least three-fourths of the workdays in each 12-week period (or 6-week period for job orders lasting less than 120 days).

The employer must guarantee to offer the worker employment for a total number of work hours equal to at least three-fourths of the workdays in each 12-week period (or 6-week period for job orders lasting less than 120 days).

If during any 12- or 6-week period during the period of the job order, the employer offers the U.S. or H-2B worker less employment than that required under the three-fourths guarantee, the employer must pay such worker the amount the worker would have earned had the worker, in fact, worked for the guaranteed number of days.

What happens when the employee reduces hours during stability period?

An employer has an employee who is reducing hours below 30 hours per week. The employee is performing the same joband duties . The employee was determined to be full-time during the most recent measurement period. The employee is currently in a stability period. What happens when the employee reduces hours during a stability period? A1:

How many hours does an employee have to work to be considered full time?

The general rule is that an employee’s status as full -time (30 hours per week) or not full-time (fewer than 30 hours per week) during the measurement period determines the employee’s status during the subsequent stability period. There is an exception that applies in very few cases.

The general rule is that an employee’s status as full -time (30 hours per week) or not full-time (fewer than 30 hours per week) during the measurement period determines the employee’s status during the subsequent stability period. There is an exception that applies in very few cases.

An employer has an employee who is reducing hours below 30 hours per week. The employee is performing the same joband duties . The employee was determined to be full-time during the most recent measurement period. The employee is currently in a stability period. What happens when the employee reduces hours during a stability period? A1:

#### What is the minimum hours an employer has to pay you?

The minimum requirement for, what is referred to as reporting-time pay, is two hours. If you report to work and are sent home, or work anything up to two hours, you must be paid at least that.

Can a H-1B worker be paid a guaranteed number of hours?

Yes. The guaranteed minimum number of hours to be paid for all periods to the H-1B worker is the number of hours that the employer reports on the Petition for Nonimmigrant Worker (Form I-129/I-129W), item 5.

Can a company count you toward the three-fourths guarantee?

Yes. If the worker fails to work any hours that the employer offers (up to a maximum of the number of hours specified in the job order for a workday), then the employer may still count them toward the three-fourths guarantee.