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Hourly, salary, then back again! Oregon

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  • Hourly, salary, then back again! Oregon

    My husband has recently been through a tough time with his employer. He works for a man that has many different employees for many different things. Originally my husband was hired in the shop working sales and delivery. My husband worked in the shop for two years at an hourly wage. Suddenly without any notice his employer told him he was moving him out of the shop doing various jobs in the fields and wherever else the boss saw fit. With this change he was being moved to salary. His salary rate was giving him about a $1000 per month deduction (when you figure in all the overtime he was getting). Once in the fields he was working almost twelve hours a day and was getting quite exhausted. An employee in another company owned by my husband's employer broke his arm and they decided to move my husband to that position. My husband worked for three weeks doing that job. Some days they needed him and on two days they didn't so they had him take the day off. Today is payday and I was shocked to see that my husband earned 1/3 of what his paychecks used to be before he went on salary. We are guessing that they may have put him on hourly while he was working the other job. However, the hourly wage is much less than what he was making when he was hourly before. It is all very upsetting. My husband doesn't want to go to his employer because several people got laid off today and he wasn't one of them, so he is counting himself lucky and doesn't want to make any waves. Is is legal to move someone around change them form hourly to salary then back to hourly with a lower hourly wage??

  • #2
    "Hourly" and "Salary" are merely pay methods. I'm assuming when you say "salary" that you really mean exempt, since you stated that he did not get overtime pay when he was salaried.

    The question really is, did he meet the criteria for exempt status when he was on a salaried basis? What were his duties then?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I am not sure what is meant by exempt, but when my husband was paid hourly his final pay was $12.55 per hour after several raises. During the time that my husband was considered 'hourly' his job duties included sales in a heavy equipment rental store, truck driving to deliver equipment and equipment maintenance. When he was moved to what his employer called 'salary' he was told he would receive $2000 a month with an added $120 if he worked a Saturday or Sunday. He now works in the hay fields, drives truck and runs many various errands for his employer. During the time we assumed he was put back on hourly he was working in the fields doing pump and irrigation work for another company owned by the same employer. We have since gotten his check stub which said he was paid salary, but not at the original $2000 a month, but considerably less.

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