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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
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Can my boss have my pay from salary to hourly

Customer Question

Can my boss have my pay from salary to hourly
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. First of all, Arizona (which law would apply) is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. An employer can change you from salaried to hourly at any time. Changing you from hourly to salaried can be a bit more dicey, because there are only a certain number of situations that that can happen. But salaried to hourly can happen at any time. Now IF they change you to hourly, they do have to pay overtime (because if you're no longer paid on a salary basis then you're no longer "exempt" from the Fair Labor Standards Act (FLSA) which requires 1.5x hourly pay for hours worked over 40 hours). Note that any overtime would need to be paid from the time that you were switched to hourly, and not before (so you can't claim overtime for the time that you worked in a salaried capacity). You can make a wage complaint for any unpaid overtime here: http://www.ica.state.az.us/Labor/Forms/Labor_WagClm_WageClaim.pdf 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, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
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