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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15762
Experience:  Licensed Texas General Practice Attorney
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I have been an exempt employee a year now and my employer

Customer Question

Customer: ***** ***** I have been an exempt employee for over a year now and my employer just changed me to non exempt is this legal my job duites have not changed at all
JA: Thanks. Can you give me any more details about your issue?
Customer: I started with the company in July of 2014 and this last week they informed em that i would now be hourly instead of salary
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Submitted: 10 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 10 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what state this is in?

Customer: replied 10 months ago.
California
Expert:  ScottyMacEsq replied 10 months ago.

I see. Thank you. First of all, you need to understand that California 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.

Now "exempt" means exempt from provisions of the Fair Labor Standards Act (FLSA) including minimum wage and overtime. Only in certain situations can an employer designate someone as exempt, because doing so reduces a worker's rights. An employer can designate ANY employee as nonexempt. The law allows this because this affords the employee more rights than an exempt employee. So in short, yes, this is legal. Going from nonexempt to exempt might not be, but the other way around certainly is.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. 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 the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 10 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 10 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. 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, ***** ***** good luck to you!

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