If I was switched from salary to hourly with reduced pay and no extra for meal violations, is that legal?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was switched from salary to hourly with reduced pay and no extra for meal violations, is that legal?

I am a restaurant manager that was hired on as salary exempt. About 3 months ago, all managers were told that our pay would be changed from salary to hourly because the company could not pay salaried managers the minimum amount required by law so the hourly change is to avoid paying

additional salary we have this in writing. We were told that our pay would be the same for 50 hour work weeks even though it was previously salaried for less. Plus, since we are unable to take an uninterrupted meal break we would receive a penalty payment for each shift. We were told that

Asked on April 23, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it is legal to change you from salary to hourly and to reduce your pay. Your employer, not you, determines what your compensation is and may change it at will. The only time the employer may not change your compensation--either the amount and/or how you are paid--is if had a still-in-effect (unexpired) written employment contract for a set or defined period of time (e.g. a one-year contract) locking in or guarantying your pay for that time period.


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