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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Customer Question

CAN AN EMPLOYER CHANGE THE CURRENT EMPLOYEE FROM EXEMPT TO NON EXEMPT WITHOUT NOTICE TO EMPLOYEE OF THE UPCOMING CHANGE? WHERE YOUR PAY IS THEN DEPENDANT UPON CLOCKING INTO AN ETIME SERVICE. I HAVE BEEN EMPLOYED AS AN EXAMPT EMPLOYEE FOR THE LAST 13 YR, RECENTLY MY SERVICE WAS CHANGED FROM EXEMPT TO NON EXEMPT REQUIRING ME TO CLOCK IN DAILY. I WAS NOT INFORMED OF THIS CHANGE UNTIL PAYROLL CAME TO ME TODAY, TELLING ME MY CURRENT PAY PERIOD WAS FOR ONLY 20 HRS, AS I HAD NOT BEEN CLOCKING DAILY, THEREFORE THE ONLY TIME SHOWING ON MY CURRENT PAY CYCLE WAS 12HRS OF PRE-APPROVED VACATION, AND 8 HRS OF HOLIDAY PAY.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, an employer can change an employee's status from exempt to non-exempt, as long as the employee is correctly classified as a non-exempt employee.

However, the employer cannot refuse to pay the employee for hours worked, if the employee was unaware that the employee needed to clock in and out as a non-exempt employee.

If the employer refuses to pay you the hours that you've worked, then you can file a wage claim against your employer with the Department of Industrial Relations.

You can do so using the forms available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Additionally, if your job duties weren't changed, it's likely that you've been misclassified as an exempt employee, which would mean that you would be due overtime for all hours that you've worked in excess of 8 during a day or 40 during a week, and your employer would also be liable to pay for any lunch breaks that you've been required to work through in the past.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.

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