Hi, my husband recieved a change in his rate of pay about 2 months ago and took him a couple of weeks to realize it as he gets direct deposit and doesn't always take his pay stubs every week. He was changed from an hourly rate to salary, which sounds like it would be better, but it's not because he used to work a lot of overtime and sundays which would equal to be about $5000/year more than the salary rate. Nobody ever told him it was going to happen and when he brought it up to his store manager, the manager said that the HR director was supposed to tell him, and when my husband asked the HR director he said the manager was supposed to tell him. Is there anything that can be done? my husband never signed anything saying he agrees to the change in pay. I know any time i have ever gotten an evaluation and gotten a change in rate of pay i've always had to sign something. Thanks for your help

He doesn't have to "sign anything" to legally agree. The fact that he continued to work once his status was changed implies that he "agreed", however, because he didn't say anything when the change occurred. (Guess that will teach him to check his deposit advice in the future.)

In any case, merely changing his status, even though it results in a decrease in total pay due to not being entitled to overtime pay any longer is not necessarily prohibited. What was his hourly rate before and what is his weekly salary now?

He was making $18.50/hour working approximately 55 hours/week (there isn't enough help in his department and he is the manager) which works out to be approx. $1156/week and now he is making $915/week (for 45 hours) even though he still works 55 hours plus because he has no choice. If he leaves at 45 hours, his department looks a mess and he gets yelled at...if he stays the 55+ hours he keeps the management happy, but makes nowhere as much money as he was before. I'm not even really mad about that part, i'm just mad that nobody had the decency to tell him that they were doing it, and just left him to figure it out on his own, and passed the blame around. very unprofessional....

I don't disagree that it's unprofessional and poor for employee morale. I'm just not convinced that it rises to the level of a decrease in pay without notification for which he might have legal recourse. His base rate for a 45-hour week is more than his hourly rate was, even though his total pay has decreased due to the lack of overtime. He can contact the state Dept. of Labor to inquire, but I wouldn't be overly optimistic.

I take it this is a retail establishment such as a convenience store or restaurant or similar. That industry is notorious for requiring long hours of its exempt managers. :(