If I’m currently salaried and will soon be eligible for overtime, can I be switched to hourly so that I will need to work 40 hours regular pay and 5 hours of OT to make what I currently make?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m currently salaried and will soon be eligible for overtime, can I be switched to hourly so that I will need to work 40 hours regular pay and 5 hours of OT to make what I currently make?

Is that legal? I mean is it fair that I have to work 45 hours a week now hourly to make what I was making salary?

Asked on November 21, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is perfectly legal--not fair, but legal--unless you have a written employment contract which specifies that you are paid a salary. Otherwise, without a contract, your employer has free discretion to change how (and/or how much) you are paid at will, and can switch you from salaried to hourly if they want. What you report is fairly common: it is a result of the change in overtime rules, with companies electing to switch salaried staff to hourly to control payroll costs.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption