Can my pay be cut with the new salary law?

UPDATED: Sep 30, 2022

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Can my pay be cut with the new salary law?

I currently am salaried at $28,080 but I only am in office physically about 20-25 hours per week, with some hours then done at home when necessary. My paychecks have always said 40 hours but I haven’t worked that in about 3 years. I also have not clocked in or out in those 3 years. Now, with the new rule impending, they want us to clock in and out, which is understandable. I am worried that this will make me hourly and cut my pay in half. If it does, is it legal?

Asked on October 31, 2016 under Employment Labor Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your base pay can be cut so long as you meet at least minimum wage law requirements. Specifically, as to the new wage law, if a worker is paid a salary they are eligible for overtime pay if they are not "exempt" from the law (such as executive, managerial, administrative, professional workers; you can check on the U.S.D.O.L. website) and they meet the annual salary threshhold of $47,476. This means that any salaried employee making less than that amount will receive overtime compensation for any hours worked over 40 in a work week.

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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