Is it legal for a company to change their reclassification of employment status requirements without notifying employees?

And without updating it in the team member handbook?

Asked on September 23, 2014 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it is legal: all employment is "employment at will" (unless there is an employment contract to the contrary), so an employer may change (or even terminate) it at any time, without notice. However, the change is only effective in many cases from the moment of notice forward. So, for example: say an employee was nonexempt (hourly; overtime) and is changed to exempt (salary; no overtime); until the employee is told of his/her change in status, he/she would still earn overtime (if he/she works enough hours, that is).

And, any change in status or classification must be a legal one to begin with: for example, an employee can only be exempt from overtime if he/she meets the criteria (see the Dept. of Labor website) for exemption.


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