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Salary v Hourly - employer changed

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  • Salary v Hourly - employer changed

    I am confused and need input please. I work for a Non-Profit in Florida and have been on Salary since I started. If I work 30 hours or 45 hours, I was paid my salary. If I took a day off, same pay. No problems until now. I had surgery in June (used vacation time for that) and then dr. Put me on half days...fast forward to today--I find out that this paycheck I am being paid hourly for those half days without notice or anything. Can they do that? I believe I am a non-exempt employee as well.

    How do I proceed? Thank you!!!

  • #2
    That sounds as if it might be a FMLA matter, and if so, it's legal.

    Please answer a few questions:

    1.) How long have you worked for this employer?
    2.) How many employees does your employer have within 75 miles of your location? (If you don't know the exact number, is it over or under 50?)
    3.) In the 12 months immediately preceding the most recent leave, have you worked a minimum of 1,250 hours?
    4.) Did your employer know the nature of your illness?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Thank you

      Thank you for answering. I attached my answers after your questions.

      Originally posted by cbg View Post
      That sounds as if it might be a FMLA matter, and if so, it's legal.

      Please answer a few questions:

      1.) How long have you worked for this employer? 1 year
      2.) How many employees does your employer have within 75 miles of your location? (If you don't know the exact number, is it over or under 50?) only 3 in office; very small non-profit
      3.) In the 12 months immediately preceding the most recent leave, have you worked a minimum of 1,250 hours? Yes
      4.) Did your employer know the nature of your illness?
      yes

      R

      Comment


      • #4
        Does only three in office mean only three, period? If there are other employees working in the field, they need to be included in the count.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          ....

          Just 3 of us total

          Comment


          • #6
            Then FMLA does not apply. However, if you are non-exempt, you never have a legal expectation of being paid when you do not work. "Salaried" has no legal meaning in and of itself; it is a pay method only. All that matters is exempt and non-exempt. If you only worked half a day, then legally you only have to be paid for half a day.

            However, that means that the likelihood is that during those weeks when you worked over 40 hours in the week and were not paid overtime, you were not paid correctly.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment

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