Is it legal for your company that hired you as a salaried employee, change you to hourly but only pay u 40 hrs

spam_free_he_he

Correct

I would get a copy of my time sheets, and complain to the state, (assuming the company you work for won't make it right). Make sure you have records of EVERYTHING!!

Then I'd plan on having a new job, because you're present employer won't like you much.

Luck

lyricsop

If you are an hourly employee (non-excempt), then you are eligible to receive overtime pay. If you are salary (excempt) then you are not eligible for overtime pay. What is most important here is that you are classified correctly. Excempt employees are typically managers and executives who spend a majority of their time, well, managing. If this is you, you should be on salary. If you spend your time doing more menial work and you have lots of people telling you what to do and no management at all, you should be a non-excempt employee and getting overtime. If you are classified as one, but doing the other, this is illegal. Employers cannot do that according to the Department of Labor. So, check with your HR department and see. If you can't get any resolve, go to the Department and file a formal complaint.

(Also, an employer cannot change you from one class to the other just becuase of a warning, verbal or otherwise. The government outlines who is salaried and who is not!!)

FaZizzle

Then they are still paying you as a salaried employee, not hourly.

Either someone didn't know what they were talking about or you heard wrong.

You signed as a salaried employee, and that's how you're being paid.

1) You didn't get the hourly change in writing. And it's within their legal rights to say that you can't work more than 40 hours. It's standard.

2) Do you have any proof that they won't accept your 50 hours and alter the time cards? If you don't have any proof, then you have no room to scream.

pepper

Nope, not legal.
Not Ethical.
Unallowable.

If you're hourly, you get overtime, period.
You can report them or look for other employment.
http://www.dol.gov/index.htm

Jorginity

Yes , you have to get paid for evry hour you work, especially if you clock in and out!

Naty

Well they cant not pay you for hours you have worked... so stop working past 40hrs.... only work what you get paid for. Also go to someone you trust at your work, and discuss it with them.

JEDI MASTER YODA

Salaried Employee - is payed a salary> Usually EXEMPT positions that means you don;t get overtime pay.

Non-Exempt = Hourly paid and you do get paid for OVERTIME! This could be a plus in case you do in fact work more than 8 hours per day?

As long as your getting paid for 40 Hours thats the key isin't it? That's considered FULL TIME And as long as your BENEFITS did NOT change this should be okay.

If you still have concerns check with your local State Unemployment Office for help or assistance. Or you can speak directly with your Supervisor, Manager or Human Resources Officer or Manager ok!

Remember you are generally hired "AT WILL" in most states that means they can change, modify your schedule and they can terminate you without advance notice etc> You are NOT in an employment contract with the Employer.

GOOD LUCK! :-)

Mackie

I work for company that is something like that. In my position with the company there are two pay types, Salary and Hourly, both pay the same. Hourly gets a lower rate, but it's factored in with 10 hours at time and a half. (so to get your full rate of pay you would have to work 50hrs) Salary is just based at 40hrs at a hirer rate. Alot of companies are getting away with salaried employees and even came out within the last few years, with a minimum rate for salary employees ($425 per week)ish. Why I'm not exactly sure. I was told sometime this year that I would be moved to hourly but at no lose of money. I will lose money if I'm not working up to my 50hrs .

Mom of 2

If you have kept copies of your timesheets, with the hours actually worked, or can recreate them (yes this is legal), I would go to your local Dept of Labor and file a complaint. It will be up to the employer to prove your records are inaccurate.

A company can legally change your from salaried (Exempt) to Hourly (non-exempt) but they MUST pay you for all hours worked.

When you file your complaint, you may even find out you should have never been salaried to begin with. Many companies misclassify positions based on the title they assign, not the job duties actually being done.

HR Generalist

This may be a violation of the Fair Labor Standards Act.

Do you have a job discription? Does it list you as exempt or non-exempt? An employee is classified as exempt or non exempt based on the job duties and level of responsibility, not performance.

So, if the employer recognized that you were classified as "Exempt" and should be "non-exempt" they can change classification. They may also be responsible for paying back wages for all the time you worked over 40 hours a week. They should self-report this and make corrections.

If you are an hourly employee and your employee is refusing to pay for your time worked, they are violating the law. They have the option of warning you to work only 40hrs a week and can seek disipline action if you do not follow the request. If they allow you to work 50hrs a week they must pay you for this time.

I would go to a human resources department. If they do not have human resources, you can file a Wage and Hour Claim with the government.

For additional information, visit the Wage-Hour website: http://www.wagehour.dol.gov and/or call our Wage-Hour toll-free information and helpline, available 8am to 5pm in your time zone, 1-866-4USWAGE (1-866-487-9243).

Jose & Cam

No, this does not seem legal.

A company is required by federal law to pay you for overtime as an hourly employee. There may be some exceptions based on wages and other things. For example, under federal law, if you make less than $23,660 per year ($455 per week), you are guaranteed overtime protection. This may be higher for some states.

From the federal Department of Labor's website:
"However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employeeâ€™s specific job duties and salary must meet all the requirements of the Departmentâ€™s regulations."

Get your documentation together and file a complaint with the Department of Labor in your state. Their job is to regulate these types of things. They will investigate, possibly fine the company you work for, and get a remedy for you. They will also be the ones who can tell you whether what your employer did is right or not.

DennistheMenace

there only payin 40, no over-time, an your workin 10 for free......they wish they had 50 more as weak as you....
get some back-bone.

happygirl

They can legally change your pay rate and from salary to hourly at any time...you're free to quit.

They cannot, howver, legally refuse to pay you overtime. If you are exempt from overtime, you are salary. Otherwise they owe you overtime.

kathy

My employer has two companies in NH. I was hired by company A and was paid my full salary. Then they formed company B and I performed duties in that company also and was never paid. I would work for both companies every week. My question is can a company pay their employees from one company and direct their employee to do the same skills for the other company and not get paid? They run both companies out of the same building use the same trucks and equipment. The only reasons the other company was form was to have company B bid on union work were company A did non union work. Being a salary employee they said I was compensated from company A, but hourly employees get paid two checks when working in both companies. Ex. for 50hrs work week they would be paid 30 hrs. from company A and 20 hrs. from company B. Overtime was never paid because the employers said there were separate companies.

lkurland

My employees were hired to work 8 - 4:30 and now management is asking them to work 10 -6:30. Is this allowed?

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