What to do if my daughter is being told that she is a non-exempt salaried employee when her offer letter clearly states that that she was an exempt semi-monthly employee?

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What to do if my daughter is being told that she is a non-exempt salaried employee when her offer letter clearly states that that she was an exempt semi-monthly employee?

My daughter was promoted almost 1 1/2 years ago and now HR is telling her she was a non-exempt salaried employee when it clearly states in the offer letter that she was an exempt semi-monthly employee. Is the offer that she signed stating that a legal document? They are trying to get her to a time sheet for now for her hours and because they sent her an email when she was initially promoted regarding OT authorization, they feel that this proves she was a non-exempt employee but it clearly says in the memo that she is a exempt employee. Is this legal? She never put in for OT.

Asked on February 10, 2017 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An offer letter is not a legally binding document: only an actual employment contract, which--among other things--must be for a definite fixed term (e.g. a one-year contract, two year, five year, etc.) is legally enforceable. Otherwise, in the absence of an enforceale written employment contract, your daughter is an "employee at will." That in turn means that if they want to make her or classify her as a non-exempt employee, they may do so; an employer can change the classification  of employees and how they are paid at will, so long as they comply with the labor laws (e.g. Fair Labor Standards Act).


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