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Forced switch: Salary to hourly Florida

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  • Forced switch: Salary to hourly Florida

    My wife was recently contacted by her boss informing her that she will be switched from Salary Exempt to hourly. Is this legal in the middle of the year? My wife was hired four years ago as an office mang. and has been a salary employee until now working roughly 40hrs a week.

    Does my wife have a leg to stand regarding this issue?

    Thank you,
    upset Husband

  • #2
    It is ALWAYS legal to make an employee hourly paid. The reverse is not true. Nothing in the law prohibits making a change mid year as long as the change is legal, and it is.
    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.


    • #3
      Agreed, just make sure that "hourly" also means "non-exempt" (paid overtime). The pay basis ("hourly") does not mean a lot by itself. The Exempt status however is huge. As was stated, any employee without exception can be made Non-Exempt - the reverse is not true. Also not all Salaried emploees are Exempt and not all Exempt employees are Salaried.


      Same issue, different angle. The first answer is a function of the federal DOL not liking it when employers play games with the Exempt status.

      Second answer. Under normal labor law, things are "at will". Employment status can generally be changed on a go forward basis. This is a function of labor law. This is why employers can generally legally fire people at whim, or change wages at whim (on a go forward basis).

      HOWEVER, all law is not labor law. There is also something called contract law. IF you feel that your wife has an actual written contract that has been violated, THEN you need to talk to an attorney. It is possible for contract law to create rights that would not have otherwise existed under labor law. It is not possible for contract law to make labor law go away.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


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