If I am a salary employer, can my employer pay me hourly without notice?

I was hired as a salary employee over a year ago. Throughout the past year, I have been paid hourly more often than not, rather than salary like agreed. Is this a legal practice or is my former employer at fault. Also, if I’m paid hourly, why have I never received overtime pay (1.5 x my hourly rate).

Asked on October 9, 2018 under Employment Labor Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't be paid on an hourly basis until you receive notice, but notice does not need to be formal: the first time he paid you hourly would have been notice for subsequent hourly based payments, since the first time he did this, you'd see that's how he has decided to pay you. Employers may change how you are paid (e.g. hourly vs salary) at will, unless you have a contract locking in or guarantying how you are paid.
HOWEVER, if paid hourly, you are non-exempt from overtime; that means you must receive overtime (time-and-a-half) when working more than 40 hours in a single work week. If you did work more than 40 hours in any weeks while being paid on an hourly basis without receiving overtime, contact the department of labor about filing a complaint for the unpaid overtime.

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