Can an employer change me to hourly from salary exempt during an active workers comp claim?

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Can an employer change me to hourly from salary exempt during an active workers comp claim?

My workers comp doctor put me on modified duty and reduced my work shift to Max of 6 hours per day. I was then told by my manager that my current classification status as a “salary exempt� employee would be changed to “non-exempt hourly� employee next pay period, so the company wouldn’t have to pay for hours I was not working, during my work

modifications. Is this legal to do in the state of CA?

Asked on June 25, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

That is perfectly legal. Your classification as hourly or salaried is something 100% under the control your employer. An employer has the right to change an employee from salaried to hourly or vice versa whenever and why-ever it wants, and so the shift in status is something they can do.


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