What to do if I was told I would make a per hour wage but now I am salary?

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What to do if I was told I would make a per hour wage but now I am salary?

They say we can not get OT. I am a field service tech and do not think I am exempt from OT.

Asked on December 19, 2012 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An employer has a right to change an employee from wage to salary (or vice versa) at will, unless there is a written employment contract to the contrary. However, even if you are a salaried employee, you may be eligible for overtime (additional pay when working more than 40 hours in a week). To be exempt from overtime, you must be paid a salary AND you must also meet one or more of the tests for being considered exempt--that is, a salaried employee who does not meet one of these tests can receive overtime. These tests are based on your job responsibilities, and you can find them at the federal Department of Labor (DOL) website. You should compare the tests to your job, to see if you meet them or not. The main tests to consider are the professional exemption; the computer professional exemption (if by "field service" you mean IT or the like); the administrative exemption; and the "executive" exemption, which could apply to any manager, if you have any managerial responsibilities.

If after looking at these tests you think that you may not be exempt, you should contact either the federal or your state department of labor, or speak with an employment law attorney.


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