Legal Question in Employment Law in California
If I am hired s a full time salaried employee (per my job acceptance letter) can the employer drop me down to hourly pay if I work less than 40 hours? I was hired as a salaried employee but now my employer is saying that if I work under 40 hours I am considered �hourly� but if I work more than 40 hours I just get paid salary. Is this legal?
3 Answers from Attorneys
No, your employer cannot have it both ways, which it is trying to do to circumvent the law. You are either exempt or non-exempt depending on your job duties, not on the whim of the employer. If the employer continues to treat you as hourly, it runs the risk of losing the exempt status when you work overtime (which is more than 8 hours day or 40 hours a week) and may have to pay you at overtime rates. Make sure you keep accurate record of all overtime hours you work, in case you decide to file a claim against the employer.
NO, you are either salaried or not, It doesn't change depend upon how many hours you work. Docking pay from a salaried employee would allow the employee to claim he wasn't really salaried, but really hourly, and entitled to OT for all time over 8/40 for the last 3 years. If serious about pursuing this, feel free to contact me.
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