Legal Question in Employment Law in California

Can my employer change me from salary to hourly the day I'm receiving my paycheck?

On Friday June 3rd, when I walked into the office, my boss informed me that I would be receiving my paycheck for the pay period from May 18th - May 31st, but it would be based off a lower hourly rate and no longer based off my salary base. Can she change my pay for time I've already worked?

Also, I believe I was an exempt employee because I did not receive any overtime, and because I was supposedly exempt, I would choose to work through my lunch or eat while working. If she randomly decided I was hourly for that pay period, then I went 10 work days without a meal or rest period. I believe that would put them at fault since employers are supposed to ensure that their employees take a rest period? I believe the day before payday (June 2nd) she decided she wanted to make me hourly, basing my time worked off the office's new clocking system.


Asked on 6/05/16, 12:08 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

Your employer can change your pay rate but only before work is completed under that rate. If you were truly nonexempt (depends on duties and at least double minimum wage, etc.) and you worked overtime and were not paid OT or if you were not given the opportunity to take meal/breaks, you may have a solid claim for the unpaid wages and penalties that may apply. Call an employment law attorney to discuss. Find contact info on Avvo.com.

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Answered on 6/05/16, 1:16 pm


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