Hourly to Salary help

[gary85_]

I live in Louisiana. Recently started working for a company locally, I was told it was a new position and I would be the guinea pig. Well, they weren't lying!!!I will not go into all the details but here is the big deal I need help with. When I started, I knew my hourly wage, just didn't know the hours. Well I have been getting anywhere from 50 to 70 per wk. No complaints!! Well now they wanting to switch me to salary with no idea my days off, just when they feel like giving me one i guess. Is this legal, do I have a choice? Would they be forced to laying me off if I refused salary? The other part is they forced me into buying a cell phone, BUT they are alloting me $50 per mth for it. Now I am in a 2 yr contract with phone company and now they talking about them providing phones for us. It's crazy!!!!

I know I have bent over backwards being the pig, and after 5 months its worse than when it started. The job could be so nice but they are forcing my hand everytime I turn around.

This company has been in business for along time, but just in the last year they have doubled their employess.

Let me also say that 85% of the employees are not actual employess but sub-contractors. I was the first hourly employee and now there are 3 I think.

Any advice will be greatly appreciated!!!!

[LConnell]

A company can't just change a person from hourly to salaried willy-nilly. The position must meet the qualifications for an exempt employee. For information about exemption, you can refer to the following website: http://www.dol.gov/esa/regs/compliance/whd/whdfs17.htm

Regardless of whether you are exempt or non-exempt, your employer can require you to work the hours they dictate. It's just that as an exempt employee, you would not be compensated for additional hours. You may lose out on this unless they are considering your current compensation of your hourly base and overtime to your new salary.

As an exempt employee in the great majority of professions, they are not required to give you a day off.

As far as the cell phone is concerned, I don't believe you have a legal basis to recover the monies. Have you talked with them about your concern? Perhaps they would negotiate some sort of arrangement for you.

Finally, on the issue of sub-contractors, rather than employees, it is impossible to say whether there is any problem. It depends on the type of work that is being performed, etc.

In any case, perhaps you may wish to consider getting another job...one in which you will receive fair treatment. Let me know if you have any other questions.

[KRumble]

The only thing that I am sure of is that if your employer requires something for you to have for the job, ie... cell phone, shoes, outfits, etc.. they MUST provide this at no cost to you. So, as far as that is concerned, though they are giving you $50 a month for the phone, you still had to pay for it and enter into a contract, which is illegal. And no, they can't just switch you to salary from hourly because they feel that they are losing money (which would be the reason for it). I would contact the labor board and ask them, and also contact a lawyer, address this up to your employer and go from there. good luck!

[cbg]

KRumble, please check the dates before you respond. This thread is from 2004.