Legal Question in Employment Law in Florida

Going from hourly to salaried

I was hired as an houly employee. I've been told that all employees are now being changed to salaried. I've also been privy to the fact that salaried employees generally work a 50 hour week. No pay increase for these "additional" hours will be forthcoming. I have a copy of the offer of employment stating $11.00 per hour. If I must now work 50 hours, that will be a substantial decrease. Can they do that? I am not a manager or supervisor, just another peon. Not to mention that I was previously told the company doesn't "allow" overtime and to figure out my own comp time if I go over 40 hours. Thanks for your guidance.


Asked on 10/26/00, 4:15 pm

1 Answer from Attorneys
Kelly Henderson

Re: Going from hourly to salaried

The Fair Labor Standards Act (FLSA) controls when an employee can legally be "on salary" and when an employer must pay an employee hourly wages, with overtime. An employer must follow the FLSA and cannot change an employee's status from salaried to hourly because they want to or simply because it will save them money. If you feel you have been incorrectly classified, you might want to talk to an attorney who does this type of work. Additional information may also be available at the Department of Labor web-site (www.dol.gov).

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Answered on 11/27/00, 9:20 am


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