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Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Can your employer give you a promotion that changes your status

Customer Question

Can your employer give you a promotion that changes your status to "exempt" without notifiying you of the status change; allow you to work overtime and take compensated time off, then 3 years later make you pay it back?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

The employer apparently made a error in interpreting the law since it treated you as an hourly employee for 3 years when they could have changed your status to exempt for purposes of overtime.

Employers can promote employees normally without informing them of their change of status, but where the employer erred and continued to pay the employee as an hourly worker, they could not deduct the overpayments from the employee's future wages.

If the employer is attempting to do so, a complaint should be filed with the state labor board.

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Customer: replied 5 years ago.
Would the same answer be true if my employer is the State?
Expert:  Tina replied 5 years ago.
The law typically requires an employee's voluntarily written consent before wage deductions may be made for any employee, yes.

Tina and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

thank you. I think I know how to proceed.


Expert:  Tina replied 5 years ago.
The very best to you. Take care.

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