Legal Question in Employment Law in Florida

Re: switch from hourly to salary

Your employer doesn't need, as a matter of law, "permission" to change your pay from hourly to salaried, BUT its your job duties that mainly determine whether you are "non exempt" and entitled to overtime compensation for hours worked in excess of 40 per week. You should contact an attorney directly to determine what your rights may be.

Re: switch from hourly to salary

Yes, an employer can change your status to "salaried" without your consent. However, you must be properly characterized as a salaried employee. This can only be done legally if your position qualifies as an "exempt" position under the Fair Labor Standards Act. There are certain guidelines which dictate whether an employee is properly classified as "exempt" (salaried) or "non-exempt" (hourly). You may wish to contact the US Dept. of Labor or a private attorney to ascertain whether your new status is appropriate under the FLSA.

As far as whether you are entitled to 4 hours of overtime. I have always been of the view that an employer cannot retroactively change the terms of your agreement. in other words, since you had agreed to work the 4 hours for overtime pay, you should be entitled to that overtime pay. Of course, the logistics of seeking this could be troublesome, perhaps more trouble than it is worth. The DOL is less likely to get involved in a matter such as this if only the 4 hours of agreed overtime is at stake.