I am a programmer that makes a bit over 24/hr I used to be salaried but then was changed to hourly so that I could get paid on call. I am no longer on call and want to move back to salary but my HR dept is telling me there is an IA law stating I must make over ~58k/yr to get back on salary.

Is there really an IA law that trumps the federal computer exemption or are they misinterpreting the computer exemption thinking I was to be hourly AND exempt when I just want to be salary and exempt?

Thanks!

Z

Frankly, it doesn't matter whether there's a law or not. It is up to the employer, not the employee, on what basis you are paid and whether you are to be considered exempt or non-exempt.

While it is not legal to make someone exempt who does not qualify as such, it IS legal to make someone non-exempt even if they qualify to be exempt.

They are not obligated to EITHER make you exempt or put you on salary just because you want them to.

All that being said, I cannot find any evidence that such a law as you describe exists.

Thanks for the reply. I do want to be on salary but it’s not a case of them refusing because they don’t like the idea. Both my boss and director agree with me that I should be put back on salary. HR is telling them that there is a state law preventing them from putting me back on salary.

I couldn’t find anything about it either so I was thinking perhaps our HR manager is misinformed or is misinterpreting something.

Either of which is a possibility.