tacomakerinca22
12-28-2005, 12:24 PM
I work for a mid size company in CA and would like to know if they can change me from Salary to Hourly and if so what is there a notice or time frame they are suppose to give me before doing so?
Thanks,
TM
mtracy
12-28-2005, 01:09 PM
Unless you have an employment contract, a comany can switch you from hourly to salary at any time. The only requirement is that you know how you will be paid before you perform the work. That is, they can not wait until after the work is performed to determine whether to pay you a salary of by the hour.
tacomakerinca22
12-28-2005, 01:24 PM
Thanks, so it goes the same for both:
hourly to salarly
&
salary to hourly
they just need to tell you what your going to make before they make the switch?
Also can they you give you less?
is there a place were i can print that out to show our employer?
thanks-
TM
zronn
12-28-2005, 02:57 PM
Go to Micheal's website: http://www.gotovertime.com
If you were considered exempt, the company may have figured out that you perhaps don't qualify.
Ron
mtracy
12-28-2005, 06:53 PM
I am not sure if I cover that exact issue on my website. But yes, it would work the same way, hourly to salary, salary to hourly. However, you should not that if they are doing this, you are clearly non-exempt. As such, a "salary" is nothing more than an hourly rate that guarantees 40 hours of work. If you work more than that, you still get paid for it, and you still get overtime.
In terms of a source where it says that your rate of pay must be determinied in advance, this is simply a matter of contracts. If you really need to print this out so that your employer will follow it, I doubt that any thing you show will be of much help.
Lionessj9
01-11-2006, 12:18 PM
I am having a similar problem. I work in California as an Office Manager with 8 employees. I was told I would be going to hourly as I don't spend 51% of my day managing (really). I have also been informed that my "salary" will be based on a 45 hour work week therefore reducing my hourly rate. I will be required to work 5 hours of overtime weekly just to make what I am currently making. :confused: When I was hired I did not sign a fluctuating work week form stating my salary was based on 45 hours. Can they just arbitrarily change it to suit them? My meeting is Friday with the Human Resource Manager for my area.. I would love a little help here.
Thanks....
tacomakerinca22
01-11-2006, 01:19 PM
Unfortunately my change was made Jan 2-
and yes they were able to change my status: Salary to Hourly. They gave me a 7 Days notice and the change took affect. I had no contract to protect my hours worked or pay i was suppose to receive.
mtracy wrote: "Unless you have an employment contract, a company can switch you from hourly to salary at any time. The only requirement is that you know how you will be paid before you perform the work."
TM-