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View Full Version : Employer changing a 6 yr employee to salary is that legal in CA?


SherryH
12-24-2005, 12:36 PM
garmond
I have worked for the same employeer happily for the last 6 years and stayed hourly, his daugher has taken over and said no more you should be salary... is that leagal?? :(

Pattymd
12-25-2005, 01:59 AM
duplicate post

SherryH
12-25-2005, 10:57 AM
Well,
she believes that I shouldn't be hourly, now if I worked 12 hours I got paid for 12 hours (no ot) and if I worked 7 I got paid for 7, or if I wanted it off I took it off without pay, or I banked my OT if I wanted to. I loved the flexiblility and it worked really well for my schedule. I worked really hard when necessary and enjoyed the flex as well. (it really wasn't that much time off, I don't want to paint a unreal picture)
Anyway, I think where I am stuck now is that my job position is changing, now if I understand correctly exempt is if you are managing two or more employees correct? I will no longer be managing employee's I have kinda been demoted in a way.
Sher :)

SherryH
12-25-2005, 11:04 AM
Hi I just read the exempt on the advertizement above and I do not fit into that catagory either.........now I do know that overtime is not expected to be paid to me.........so without causing waves.........how would someone go about getting it??
especially if we are not required to punch in??

I just wish they would have left me alone on this one!!

Pattymd
12-25-2005, 02:14 PM
I'm a little confused about what has happened in the past, but what I can say is that an employer MAY pay a nonexempt employee on a salaried basis. However, they STILL have to pay overtime at 1.5 times your regular rate of pay (generically speaking, your equivalent weekly salary divided by the number of hours you are scheduled to work in a week) in accordance with California law.

If your hours fluctuate greatly, there is such a pay method known as the "fluctuating work week" method, which can get even more complicated.

If you need more information, please post back. It would have helped had you posted back on the same thread I asked my question on though. But since the history is here now, please respond back on this thread so we can keep all the responses together.

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