Legal Question in Employment Law in California
Salary to hourly - is this legal?
I am in MIS and I used to be on salary. I graduated from a university with an Economics major. I have been on salary at a hotel for the last year and a half. 3 months ago, my work stated that because I technically have no one under me and do not have a MIS degree, I should be changed to hourly, not salary. They broke my salary down into a 50 hour work week, the expected amt of hours to be worked by a manager. I do get overtime now, but I am forced to work a 50 hour work week to make what I was making before on salary. Is this legal?
2 Answers from Attorneys
Re: Salary to hourly - is this legal?
Mr Pickett is correct. Your employer's practice is illegal and your employer could be subject to fines that would be payable to you. Feel free to contact our office if you are in Southern Cal. If you are in No. Cal I strogly recommend Mr. Pickett-Martin
Re: Salary to hourly - is this legal?
No, this is not legal. See our website at www.righetti.law.com for more information. While they have correctly realized that you were misclassified as a salaried worker, they cannot now work you 50 hours without paying overtime. Anything over 8 hours per "day" is required to be compensated at time + 1/2. Please let me know if you have any further questions on this issue.
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