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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sarlaried Employee Being Changed to Hourly

    Also, should we have to sign new contracts or agreements?
    do you have a contract now? If so, have they breached it by changing your pay? If so, deal with that problem. If you do not have a contract, no written contract or agreement is required.


    as to changing your pay method:

    did your effective pay drop?



    what the CFO said previously is not enforceable.

    not allowing for overtime.
    not allowing or not paying for overtime? If simply not allowing; that is their prerogative. If not paying, then there is a problem.

    Also, if our department closes, we were promised a severance, as salary employees. Now that we are hourly, can they decided there will be no severance paid if our department closes?
    ask them. They can terminate the offering of a severance package if they so choose, just as they can change your pay method or even your pay rate.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Sarlaried Employee Being Changed to Hourly

    Maryland is one of the very few states that has a specific law requiring a specific period of notice before changes to an employee's wage structure.

    That being said, jk is correct in his assessments of the overtime and severance issues.

  3. #3
    Join Date
    Feb 2014
    Posts
    2

    Default Re: Sarlaried Employee Being Changed to Hourly

    [QUOTE=cbg;787448]Maryland is one of the very few states that has a specific law requiring a specific period of notice before changes to an employee's wage structure. "

    So does this mean they were required to give us a notice BEFORE changing our pay structure? Because we were never told.

    - - - Updated - - -

    So does this mean they ARE required to notify us before changing our pay structure?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
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    Default Re: Sarlaried Employee Being Changed to Hourly

    Yes. In your state (this does not remain true in all states) if your pay is LOWERED, notice of a full pay period is required. Notice of a pay increase is not required. Obviously notice that your pay is remaining the same is not required.

    https://www.dllr.state.md.us/labor/w...ngeofpay.shtml

    So if the new pay structure results in your pay being reduced, he was required to notify you a full pay period before it went into effect.

    However, let's address one other question - overtime. THERE IS NEVER, IN ANY STATE, A REQUIREMENT THAT AN EMPLOYEE BE ALLOWED TO WORK OVERTIME. It is unclear what your statement about OT, above, means. If you are working overtime and not being paid for it, that is illegal. But if you are not being allowed to work overtime, that is legal. And if your pay is reduced solely because you are no longer being allowed to work overtime, and thus not receiving overtime pay, that is not a reduction for which the state requires you be given notice.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Sarlaried Employee Being Changed to Hourly

    I don't understand. Salaried employees do not get overtime. That is why they are called salaried. Do the job for the salary. Hourly employees get overtime after working (usually) beyond 40 hours. So what am I missing?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Sarlaried Employee Being Changed to Hourly

    You are missing the fact that it is not whether an employee is salaried or hourly that matters when it comes to overtime, but whether an employee is exempt or non-exempt. Not all exempt employees are salaried. Not all salaried employees are exempt.

    You are also missing that it is ALWAYS legal to make an employee non-exempt, while the reverse is not true.

  7. #7
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Sarlaried Employee Being Changed to Hourly

    Quote Quoting budwad
    View Post
    I don't understand. Salaried employees do not get overtime. That is why they are called salaried. Do the job for the salary. Hourly employees get overtime after working (usually) beyond 40 hours. So what am I missing?
    A pretty big chunk of labour law!

    "Salaried" is a pay method about which labour law cares nothing about. The legal terms are "exempt" and "non-exempt" meaning exempt or not from OT pay requirements. Some salaried positions are exempt, some are non-exempt. Some hourly positions are exempt, some are non-exempt.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Sarlaried Employee Being Changed to Hourly

    This site explains the different between exempt and non-exempt pretty well:

    http://www.cpapracticeadvisor.com/bl...empt-employees

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