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Change from salary to hourly (VA)

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  • Change from salary to hourly (VA)

    Can an employer change an employee's status from salary to hourly without any warning?

    And if so, should the employer then paid for all hours worked, especially if based on the new calculations (based on hourly wage and OT pay), the employee would make more than her previously set salary?

    I ask because a friend in Virginia took on a job three years ago in a salary position. Just a few months ago, without warning, her employer switched her paycheck to reflect that she was being paid the same amount, but based on calculations of hourly wage and OT pay. The total amount is still equal to her previously set salary. So her paystub now shows that she works 40 hours of regular time and 10 hours of OT, to reflect the same pay as her weekly salary. However, she works much more than 50 hours. So does this mean the employer must pay for those additional hours worked, since they were the ones who changed her pay calculations to hourly, rather than a set weekly salary?

    Any suggestions on how to approach this with her employer?


  • #2
    What is her duties in her position?
    If she has been paid salary and is in a non-exempt postion than she should be paid overtime in any hours over 40 in a week.

    Also, she should calculate her hours that she worked previous to being put on an hourly wage and contact her DOL office, she's likely owed some back pay.

    Yes, an employer can change pay structure but only if it's for future hours worked hours, and isn't in effect until the next pay period begins.


    • #3
      Her duties are managerial -- she oversees a team of employees, handles contact with clients, and even has a say in hiring/firing people. It appears that she would be an exempt employee.

      She had no warning that she would be switched from salary to hourly. Also, the "regular" pay indicated in her paystub is now different. Before, when she was salaried, her "regular" pay was indicated as $1000 per week. Now, her regular pay is less than $1000 per week, since the rest is accounted for by OT pay. So she's still given a gross pay of $1000 per week, but only 75 percent of that is noted to be "regular" pay, while the rest is noted to be "OT" pay. Can this be allowed, since it essentially changes her regular salary and would influence how she negotiates her pay if she were to look for a new job?

      Plus, the employer always puts down that she worked 55 hours per week, so thte 40 hours of regular pay and 15 hours of OT pay equal $1000 of gross pay. However, she works much more than 55 hours per week. So if the employer now considers her to be an hourly employee, shouldnt' she be paid for ALL the hours that she's worked?


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