Legal Question in Employment Law in Florida

salaried demotion to hourly

I was placed on a 90 day probation in Feb that ended in May, no meeting took place to determine my status at that time. Since then my boss has done nothing but make attempts to document my personnel file, without providing me with attachments indicated in the memos. Recently I was told I was being demoted from a member of senior management salaried employee to an hourly employee, should I decide not to resign. At this juncture I am unable to resign, so am required to take the demotion. Does the hourly rate have to be determined by my present salary or must I take a cut in pay and what are some issues I need to be aware of.

Thanks


Asked on 8/20/00, 10:26 am

1 Answer from Attorneys
Kelly Henderson

Re: salaried demotion to hourly

A company can raise or lower your pay as they see fit. There is nothing illegal about changing pay rates up or down unless that change is based on a person's race, religion, age, national origin, disability or gender. An employer can make any employee an hourly worker. The Fair Labor Standards Act (FLSA)governs which employees an employer can place on salary, that is make them exempt from overtime pay. The FLSA is rather complex if you want some details on that law sent me an e-mail. Good Luck.

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Answered on 9/26/00, 1:16 pm


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