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  • Labor Laws Help, TN

    I am an hourly employee at a state institution in Tennessee, a couple of
    > years ago my supervisor at the time told me that if I took on some
    > additional duties then my position could be reclassified. I took on these
    > duties from a salaried employee, and I continue to do them today. Our HR
    > Director tells me I cannot be reclassified because I was moved into
    > another position in December 2010 in order to reorganize our department.
    > My question is, I have been doing these additional duties for almost 3
    > years with no increase in salary, and when I moved into the position in
    > Dec. I was not given a raise either, my pay remained the same, can they do
    > this to me?
    >

  • #2
    I have been doing these additional duties for almost 3
    > years with no increase in salary, and when I moved into the position in
    > Dec. I was not given a raise either, my pay remained the same, can they do
    > this to me?


    Yes. They could elect you Governor and not pay you any more than minimum wage. No law requires an employer to give an employee a raise when they take on additional responsibilities.

    Comment


    • #3
      I notice that you said "state institution". That might changes things. Do you have a union? Is the job civil service?

      -------

      Past that, if we were talking about a normal private sector employer, you could try suing your employer for "breach of contract" or some similar action. You would need an attorney and your chances would be very poor.

      Generally speaking "hourly" and "salaried" are just payment methods that mean next to nothing by themselves. It would be perfectly legal to pay Bill Gates on a hourly basis.

      If we are talking labor law only, then there is no legal requirement that employees ever receive raises as long as the legal minimums are being paid. "Breach of contract" is a contract law action, not a labor law action. Nothing you have described violates labor law.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        Originally posted by DAW View Post
        I notice that you said "state institution". That might changes things. Do you have a union? Is the job civil service?

        -------

        Past that, if we were talking about a normal private sector employer, you could try suing your employer for "breach of contract" or some similar action. You would need an attorney and your chances would be very poor.

        Generally speaking "hourly" and "salaried" are just payment methods that mean next to nothing by themselves. It would be perfectly legal to pay Bill Gates on a hourly basis.

        If we are talking labor law only, then there is no legal requirement that employees ever receive raises as long as the legal minimums are being paid. "Breach of contract" is a contract law action, not a labor law action. Nothing you have described violates labor law.
        We do not have a union and it is a university.

        Comment


        • #5
          Civil service rules are unlikely then. I am not expert on TN law (if any).

          I am back with the rest of my answer.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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