can an employer change an employees pay from a weekly salary pay to an hourly weekly pay. To have the employee punch in to make the weekly 40 hours ? we hired this employee at hourly then changed it to salary after two months but now it seems like she is calling in sick al lthe time. can we change it back to a time card hourly pay ?
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.
Is the employee going to be considered exempt or non exempt?
Was their any employment contract signed by the employee?
no contract was signed. she is only here for a 40 hour work week ....never works anymore than 40. NOr would she ever have to . she was hired 6 months ago and has been out8 days already. we paid her for 6 days because we have a set amount of personal & sick days in a calander year . can we keep her on salary and not pay her when she doesn't work 40 ? or can we put her back to hourly because of how many times she has been out ?
Mass, is an at will State, and an employer is allowed to change the terms of the employees employment at any time. If you wish to make the change to have her as an hourly employee, you can do that, but I would make sure you have her sign an agreement that states what her salary and duties will be, and that she will be paid hourly and based upon her cloking in her hours.
Even though the law does not require her to sign the statement to make the change, it would be in your interest so she can not later say that you docked her pay for no reason, and in violation of her salary.
You can use this as a template, also make sure you state in bold terms that she is an at will employee.
This Agreement for Employment is made on this _____ day of _______, ___, by and between _________________________, "Employer"and ________________________________, "Employee.
The Employer shall employ Employee subject to the following terms and conditions.
1. Employment for the above Employee shall commence on ___________ (Date).
2. The following duties and responsibilities shall be competently performed by the Employee:
In addition to the duties stated above, the Employee shall perform such further and other duties required by the Employer.
3. The Employee shall work _______ through _______ from ____ A.M. to ____ P.M. and such additional hours as are required by the Employer for the Employee to competently perform the duties of his position. The Employee shall use his or her best efforts on behalf of the Employer.
4. The Employee shall comply with all stated standards of performance, policies, rules, and regulations. A company manual containing a more complete explanation of many of these standards has been given to the Employee. At this time, Employee acknowledges receipt of the company manual. The Employee shall also comply with such future Employer policies, rules, regulations, performance standards and manuals as may be published or amended from time to time.
5. The Employer shall make payment to the Employee a set amount as compensation for services rendered. The Employee agrees to accept the sum of __________ ($______) per year, payable ________________ in the amount of ___________ ($______). In addition to the above compensation, the Employee will be entitled to the following "fringe benefits":
6. This contract of employment may terminate upon the occurrence of any of the following events: (a) the death of the Employee; (b) the failure of the Employee to perform his duties satisfactorily after notice or warning thereof; (c) for just cause based upon nonperformance of duties by Employee; (d) economic reasons of the Employer which may arise during the term of this Agreement and which may be beyond the control of the Employer.
7. The Employee shall not, at any time during the period hereof, and for ____ years from the date of termination of this Agreement, directly or indirectly, within a geographic area of _____ miles, engage in, or become involved in any business competitive or similar to that of the Employer.
8. This Agreement may not be assigned without prior notice by either party. Such assignment is subject to the mutual consent and approval of any such assignment.
9. This Agreement constitutes the complete understanding between the parties, unless amended by a subsequent written instrument signed by the employer and employee. Any dispute under this contract shall be required to be resolved by binding arbitration of the parties hereto. Each party shall select one arbitrator and both arbitrators shall select a third. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
Employerï¿½s Signature Employeeï¿½s Signature
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).