After a year of employement can my company now base my ‘hourly’ salary off a 47.5 hour work week instead of 40?

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After a year of employement can my company now base my ‘hourly’ salary off a 47.5 hour work week instead of 40?

Because of the new flsa final rule beginning
next month my employer has now changed my
hourly salary from 19.23/hr 40k based on 40
hours to 15.01/hr 40k based on 47.5 hours.
Yes I will be getting ‘overtime’ for those 7.5
hours but in order to make my salary I HAVE to
work those overtime hours. This will really put a
burden on me when I take my vacation time
because I will have to take 27 hours of vacation
time in order to make my weekly salary. They
make it out to seem that we are getting
overtime and we should be so excited but how
can I be when I’m going to be required to work
more just to make what I was promised.

Asked on November 13, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the employer is tracking your hours and paying you based on hours worked, then you are hourly, not salaried. An employer is free to change an employee's wage or pay at will, including reducing it so that to meet some "target" wrekly pay, the employee must work overtime hours. As long as you are paid for all hours worked, including overtime when working more than 40 hours in a week, this is legal, even if it puts a burden on the employee or is a worse arrangement than previously.


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