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Salaried/Non-Exempt Questions

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  • Salaried/Non-Exempt Questions

    I am a salaried employee, and non-exempt (according to my employee handbook - it isn't specified anywhere else that I know of). Today I was told that my pay will now be calculated on an hourly basis.

    From what I've read online my employer has the right to change my pay from salary to hourly, however, what I've also read online is that perhaps I was supposed to be an exempt employee all this time, not non-exempt. I am an inside sales person, the primary functions of my job are administrative and I make more than $455 per week.

    So, my questions are:
    - Can my employer change me from salary to hourly even if it says salary on my job offer letter and in our employee handbook, and when they haven't changed my job duties?

    - Does my employer have the final say in determining if I meet the exempt qualifications or not (in this case I'm looking at the administrative list)?

    - If I am/was a salaried non-exempt employee then I should not have been allowed to take 'comp time' instead of overtime, correct? Am I entitled to back pay?

    - The way I see this is a cut in pay. I see the motive for this change as a way for my employer to save money. It is rare that I work over 40 hours per week so I will not benefit from racking up overtime. Is there any benefit to me to be paid hourly rather than salary?

    Thank you.

  • #2
    Any employee can be paid as a nonexempt employee, even if the duties DO meet the criteria for exempt status. Treating such an employee as exempt is not required. So, the answers are:

    1. Yes. Offer letters very seldom rise to the level of a contract.

    2. The employer.

    3. Are they making the change retroactive? If so, do you have any "comp time" still in your bank? If you do, they need to pay that out.

    If you seldom work overtime, there's no huge advantage. But it's not your decision to make. It's likely that the employer has realized you were not exempt to start with.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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