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  1. #1

    Default Can a Salaried Worker be Switched to Hourly

    My question involves labor and employment for the state of: California


    I have worked for Aloha seafood for 7 yrs ,the first two years i was paid under the table (cash) ,then my employer switched me from cash to hourly until a year and a half ago when i changed to admin/sales office i then worked at that position for about 1 year then i changed back to warehouse work my employer the notified me that i would stay at my same pay style (salaried), witch i wanted than two days ago he told me he was going to switch me back to hourly pay ,reason being he said was there was a some problem with me working in the warehouse and paying workman's comp ?i didn't understand what he was talking about ,i do not want to switch to hourly, dont know what to do .

    Thanks Tom LaRocca

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Salaried to Hourly Switch /Help

    Unless you belong to a union that has a contract with the employer that deals with this kind of thing, your employer is free to change your pay going forward at any time so long as long as the employer complies with the minimum wage laws. Thus, the employer certainly may change your pay from salary to hourly so long as that hourly pay is at least minimum wage and the employer properly adds any over time you are owed.

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

    Default Re: Salaried to Hourly Switch /Help

    It's not your choice. And there is no law you can invoke that will force your employer to leave you on salary. In fact, it's more likely that he doesn't have a choice about it either.

    Any employee can legally be paid on a non-exempt (hourly) basis. Not every employee can legally be paid on a salaried basis - not unless they are also paid overtime when they work it. If you're working in the warehouse that is NOT the kind of job that can legally be paid on straight salary. Unless you never work a single hour of overtime, and I do mean never, you can legally be paid hourly but you cannot legally be paid on straight salary.

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