Can my employer switch my employment from exempt to non exempt employee

My employer is switching my status from exempt employee to non exempt. Also
changing my title from a manager. Salary does not change but does this affect my
benefits and is this allowed by Texas law?

Asked on October 20, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) It is completely legal unless it is in violation of some written employment contract you have. Otherwise, except as set forth in a contract, your employer determines how you are paid (exempt vs. non; salary vs. hourly), how much you are paid, your title, your resonsibilities, etc.
2) If you are not going to have true managerial resonsibilities, you probably should be be non-exempt; many salaried employees do not actually meet the criteria to be exempt, especially many non-managers. You will be overtime eligible now.
3) Whether it affects your benefits is up to your employer; the employer determines employee benefits.


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