Legal Question in Employment Law in California

Salary to Hourly wage

Can an employer in CA change my

pay from salary to hourly wage? Side

notes, I signed a contract for my pay

to be salary w/ bonus/monthly at the

date of hire and I was never

informed by document, email, or

verbally of the change previous to

seeing the timeclock come out of the

box it was shipped in. Can my

employer just switch me like this,

without warning?


Asked on 3/20/07, 2:43 pm

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Re: Salary to Hourly wage

More facts are necessary to answer your question. Whether you are an exempt or non-exempt employee based on your duties is the first issue. Exempt employees may be paid a salary. A non-exempt employee may be paid on a salary but must also be paid for all overtime hours as well. If you are non-exempt and the employer pays you properly you should not loose any wages. If you are exempt, since the employer need not pay you for overtime hours, you may loose some income.

Exempt employees must be paid at least 2 times the minimum wage for 40 hours weekly that is $600.00 weekly, $2600 monthly or $31,200 annually.

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Answered on 3/27/07, 3:42 pm


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