Reclassification from exempt to non-exempt
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Reclassification from exempt to non-exempt
When I was interviewed for my position, I was told that it was a salaried position it was not mentioned that the company was going through a reclassification. When I signed my offer letter it clearly stated that my position is exempt and I would be getting paid on a salaried basis. Then, 7 work days into the job, I get a memorandum that my position has been reclassified to a non-exempt position and my pay and benefits would not be changing. Should this information have been shared during my interview process and or on my offer letter? I feel a little as if I was baited switched.
Asked on July 22, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
An employer is generally free to change an employee's job, how that job is classified or paid, the amount of pay, benefits, or other compensation, etc. at will, without notice or consent from the employee.
If the only thing that changed is that you are now "non-exempt," but your pay has not changed, that's *better* for you: you'll get the same base pay but are eligible for overtime, too. It's difficult to see how this has injured you.
Based on the employer's right to make changes like this, and the seeming lack of detriment to you, you do not appear to have a legal claim of any kind.
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