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changing salary classifications - notice/penalties New York

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  • changing salary classifications - notice/penalties New York

    I posted another question re" salaried non exempt vs salaried sexempt: here is another issue that might be a possible outcome of the change:
    1) The board wants to change her classification from salaried exempt to salaried non exempt and not tell the employee. Can you even do this? And how then do you ensure she is paid OT - wont she want to know WHY and that opens another can or worms, which segues into my next questions

    2) what are the possible penalties/fines if the employee realizes that she has been classified incorrectly for 2 years (unintentionally, but even so...). Aside from the backpay that we would owe here, are there punative penalties?


  • #2
    Why would you not tell the employee? Actually, if the change results in a decrease of the effective hourly rate of pay, many states (and I believe NY is one of them) requires the employee be notified of said decrease before the hours are worked at the lower rate.

    My understanding is that there is not if the employer voluntarily pays all back pay due.
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    • #3
      change in status

      Hi Patti: Her salary is subsidized by receiving room & board, and they would never pay her less than 40 hours per week, so she won' tbe making any less if we take her down to salaried non-exempt. I am suggesting they just change the classificiation and make sure she never works over 40 hours (which the job really shouldn't entail) and that if she DOES , she gets overtime. (which will be tough to calculate, because before you factor in the board, she is WAY below minimum wage...

      The only time it would differ is if she worked over the 40 hours.

      HOnestly, she should really be hourly, but they will NEVER let that happen.

      Jeez! This is a nightmare. Thanks


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