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  1. #1
    Join Date
    Feb 2015
    Posts
    1

    Exclamation Employee Changed from Salaried to Hourly

    My question involves employment and labor law for the state of: I am currently working at a company that I have been with for 2 years and was promoted this past January to a salaried manager.

    Now they are changing me to hourly.

    With the change, my rate jumps from 16 to 13 per hour.
    They stated that we are required to work 45 hours per week, so we would have 5 hours of overtime that would equal to the same amount I originally agreed to with accepting the position.

    With an decrease in our hourly rate, my vacation time accrued has changed and i am afraid with the over time every week, i may be taxed more.

    They stated it is something to stop us from working too much, yet we don't get paid for lunch which basically increases our days from 9 hrs to 10 hrs if we take a lunch, which is required.

    I signed an offer letter as a salaried manager, now they want me to sign off on this new hourly adjustment which I did not sign off on, and they still switched me over to hourly without my consent.

    I am wondering is this something I can fight? is this illegal?

    Let me know please.

    Thank you

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Changed from Salaried to Hourly

    While it's certainly illegal to classify a non-exempt position (what you call "hourly") as an exempt position (what you call "salaried"), it's not illegal to classify an exempt position as non-exempt. In other words, what your employer is doing is perfectly legal.

    You may fight with your employer about this if you wish, however, be aware that your employer may fire you for doing so, and this would be legal too.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Changed from Salaried to Hourly

    You did not list your state, but there is no state where the law entitles you to a paid lunch break. It is 100% legal for your employer to require that you take a lunch break, and some states where it is mandatory that he must. While no state that I am aware of requires an hour lunch, your employer may always, legally, require more than the law says, just not less.

    The bottom line is that your employer is entirely within the law and you have no legal grounds on which to fight it.

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