What can I do if my company changed me involuntarily from exempt to non-exempt?

UPDATED: Dec 9, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 9, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if my company changed me involuntarily from exempt to non-exempt?

I am doing the same work in the same department. My work has no degree requirements and we follow, as always, a prescribed procedure and oversee managing no one else. Can I petition or sue for back overtime owed?

Asked on December 9, 2015 under Employment Labor Law, Texas


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

Answered 7 years ago | Contributor

I think that you may have it backwrads. I believe that you may have been changed from non-exempt to exempt. This means that you were changed from being eligible for OT to no longer being eligible. In other words, if you are exempt from OT, the law does not apply to you so your employer need not pay you for any hours worked over 40 in a week. If you are non-exempt, then the law applies to you and you must be compensated accordingly.
Most employees who are paid hourly are entitled to revicece OT ay, who are in non-supervosory positions, who are not "professional" (meaning doctor, lawyer, architect, etc).
Right now you can check with your state department of labor or the US Dept of Labor for further information; their websites will more fully explain who is exempt/non-exempt. They will also explain or rights/remedies if you are being improperly classified.

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 lock Secured with SHA-256 Encryption