Can I change my salary to hourly pay

UPDATED: Oct 1, 2022

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Can I change my salary to hourly pay

I am changing things here at my store and find that one of my employees works less then her 40 hours and she is paid salary even though she is scheduled for 40 hours.

Asked on January 19, 2018 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, an employer may change how an employee is paid (such as from salaried to hourly, or vice versa) at will, and can also also change how much the employee is paid (i.e. the amount of wage or salary) at will. The only exception would be if the employee has a written employment contract for a fixed or set period of time (such as a one-year contract) which has not expired; in that case, the employer is contractually obligated to pay the employee as set out in the contract for the duration of the contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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