I am a licensed professional counselor in a social service field. In August 2006,I went from 40 hrs/wk to 30 hrs/wk due to budgetary cuts; I was assured a salary in the 25,000+ bracket with benefits including health insurance, pension, etc.

In January, I was informed that "since I was part time,Ohio law states that all part time employees are to be hourly". My question, can the director change a professional exempt to hourly? Is this valid/legal.:confused:

ANY employee can legally be made non-exempt.

If Ohio has a law that requires all part time employees to be paid on an hourly basis, it is (a) the first I've ever heard of it and (b) the only state in the US with such a law.

But whether such a law exists or not, there is nothing illegal about EVER making an employee non-exempt or paying them hourly. (The reverse is not true.)

Additionally, some professionals can legally be paid hourly while remaining on an exempt status, and I believe counselors are among them. Patty can give you more details on the specifics when she happens by.

Practice of Law or Medicine

An employee holding a valid license or certificate permitting the practice of law or medicine is exempt if the employee is actually engaged in such a practice. An employee who holds the requisite academic degree for the general practice of medicine is also exempt if he or she is engaged in an internship or resident program for the profession. The salary and salary basis requirements do not apply to bona fide practitioners of law or medicine.
(emphasis mine)
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17d_professional.htm

However, I am not sure whether a licensed counselor would qualify under this paragraph. You can give the DOL a call to ask. (866)4USWAGE.