How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Employment Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Can an employer go back an forth between salary and hourly

This answer was rated:

Can an employer go back an forth between salary and hourly when paying an employee to their advantage. Example. I am said to be a salary employee who is working on a part time basis. If I work over 8 hours, I am only paid 8 hours, If I work less than eight hours, I am paid only those hours.

They will only pay me the hours I work up to 8 hours per day.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Generally speaking, no. First of all, to be paid as exempt (not getting overtime) you would have to be paid on a salary basis, which means that if you work any portion of a day, you get paid for the entire day. You cannot have hours docked. You have to make at least $455 per week to be considered salaried.

ScottyMacEsq :

Furthermore, while the employer may change you from salaried to hourly, this cannot be done during the pay period.

ScottyMacEsq :

The employer would have to give you notice before you started work in a specific pay period as to whether you would be salaried or hourly.

ScottyMacEsq :

So while it is possible to switch you back and forth between salary and hourly, it has to be in discrete pay periods, and you have to have notice before they do so.

ScottyMacEsq :

And you would need to specifically be a bona fide executive, administrative, or professional capacity or in the capacity of outside salesman. An employee who meets the duties tests for the executive exemption must be paid on a salary basis of at least $455 per week. An employee who meets the duties tests for the administrative or professional exemption must be paid on a salary or fee basis of at least $455 per week. An employee in certain computer-related occupations who meets the duties tests may be paid either on a salary or fee basis of at least $455 per week or on an hourly basis of at least $27.63 for each hour worked.


 

ScottyMacEsq :

To the extent that you're being changed during the day or week, or that you're not an executive, administrative or professional individual, or are not paid $455 a week, you can't be exempt, and need to be paid on an hourly basis.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq and 5 other Employment Law Specialists are ready to help you

Related Employment Law Questions