If I was a salary employee but paid by the hour for my final paycheck, is this legal?

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If I was a salary employee but paid by the hour for my final paycheck, is this legal?

Asked on August 22, 2019 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is legal IF you had notice of the change before it was made: an employer has free rein to determine how (e.g. salaried vs. hourly) an employee is paid and may change it at will. The only caveat or restriction is, you must get notice of the change before it takes effect; until you receive notice, you must be paid as  you had been being paid. If you did not receive notice and were paid less for you last check than you should have been without the chance, you could sue (e.g. in small claims court, as your own attorney or "pro se") for the extra money you are owed.


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