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  • Oklahoma salary

    When i started at the company i am with now i was paid hourly. about 6 months ago we were switched to salary based on a 40 hour week at our hourly wage. with the understanding that if we got behind we may have to work saturdays to catch up. i had to take a day off to handle some personal business and for that week i was switched back to hourly so i wouldn't be paid for that day. I have since found out that this has happened to a few other employees.
    is it legal to switch an employee from salary to hourly with no notice at their convenience?

  • #2
    Salary is a payment method. The real question is are you exempt or non-exempt? Do you receive overtime for hours over 40?
    Amateurs built the Ark, Professionals built the Titanic

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    • #3
      Based upon what you stated, the company is attempting to have it both ways -- 40 hours a week for 40 (or more) hours of work and hours worked for less than 40.

      It does not work that way, at least not legally.

      The first question is, what do you do, specifically, and what is your salary?

      Pretty much, if your salary is less than $455 a week, you are non-exempt and MUST be paid overtime if you work more than 40 hours a week. If you make a salary above that, you still might be required to be paid overtime, depending upon your duties.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        sorry for leaving that info out, my gross pay is over $455 a week. and the overtime pay is half pay. so if i was being payed $14 an hour, anything over 40 hours would be $7 an hour.

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        • #5
          There are several possiblities, including that your employer either does not not what the law says or does not care what the law says. However, there is a chance that they are using an obscure exception called Fluctuating Workweek (or maybe Belo Plan, which is an even more obscure type of FW). You might look at the following article just to be sure.

          http://payroll-taxes.com/articles/sa...ernatives.html
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            So, with all things considered. Is it allowable to be switched from salary to hourly and back at their discretion?

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            • #7
              Not really. If you mean a one time switch, that might be legal, on a go forward basis. There is nothing inherently illegal with using a different basis in different pay periods. If you mean repeatedly switching things back and forth (as in more then one switch), that is more likely to be judged as illegal. The problem is the way your question worded. You seem to be trying to make the switch itself illegal, when that is not really the way the laws are worded.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                i understand this isn't legal counsel but i was switched from salary to hourly for the week i took off 1 day then was put back on salary again. specifically so i wouldn't have to be paid for the day i took off. just curious if this is a common practice. and thanks for all the advice so far!

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                • #9
                  No, it's not common practice. Again, however, "salaried" and "hourly" are merely pay methods. What the employer CANNOT do is switch you from exempt to nonexempt just to avoid complying with the salary requirement for exempt employees or vice versa to avoid complying with the overtime requirement for nonexempt employees.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    What is exempt/nonexempt?

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                    • #11
                      http://www.dol.gov/esa/regs/complian...a_overview.pdf

                      However, I went back and reread some of the posts in this thread and I see that you were being paid overtime (at half pay), so the very strong indication is that the employer is treating you as nonexempt.

                      I'm not sure what else I can add; DAW's response last night pretty much says it all.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Thanks for all the info and advice, it is appreciated!

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