Can my job force me on to salary?

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Can my job force me on to salary?

I was a driver for a contracting company that works with amazon. I was making $14 an hour plus overtime. Then I received a promotion in which I got a

dollar raised and was still told that I could make overtime which I have. Now they are telling me that I have to take 32k a year or I could take my position back as a driver. Can they do this?

Asked on June 17, 2018 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, yoru employer may do this: your employer has 100% control over how much you are paid and how you are paid--that is, hourly vs salaried--and can change these things at will unless you have a written contract guarantying how much you make.
However, you may still be eligible for overtime: to not get overtime, not only must you be paid a salary, but you must also meet one or more of the "exemptions" which you can find on the U.S. Dept. of Labor website, like the Executive (Managerial) exemption, the Administrative Employee exemption, the Professional exemption, etc. Look up those exemptions and compare to your job duties and authority; if you don't meet at least one of them, you are eligible for overtime.


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