Legal Question in Employment Law in Florida

Re: change in salary to hourly worker

It is legal to change your pay because you are an employee at will, meaning that you can be fired or quit at any time, for any reason. Thus, your pay and terms of employment can be changed too. (Unless you happen to have a contract. Then the contract terms apply.)

It is also legal to change you from salary to hourly if you come under the new definitions of hourly workers under the Fair Labor Standards Act. That is called being "non-exempt." (The new rules go into effect 8/22, but your company probably made the change to be in compliance ahead of the game.)

The question is, were you wrongfully categorized as salaried before the change, or was the change made only because the law changed? If you were wrongfully categorized and should have been hourly (non-exempt)all along, then they probably owe you back pay for the overtime you worked. That can be as much as double pay for up to three years (it is called liquidated damages under the FLSA). You would have to file a complaint with the US DOL or sue to get it.

The definitions under the FLSA (to figure out what you should have been categorized as) are complicated and depend on the actual work that you did and authority/discretion that you had. I am guessing that as a manager you were properly classified as salaried, so you would not get the back pay. But you can call the US Dept. of Labor for help, or get a free consultation with an employment attorney that handles overtime/FLSA matters. You can get a referral from the Florida Bar.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm*

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

* The author is a government attorney and maintains "The Sheldon Law Firm" for purposes of giving pro bono (free) advice and other limited purposes allowed by law.

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.