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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I am an exempt, salary employee, will I have to be changed

Customer Question

I am an exempt, salary employee, will I have to be changed to hourly if my employer is unwilling to increase my salary to $47476/year?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Is the employment agreement "at will," union, full time or part time?
Customer: fulltime
JA: Anything else you want the lawyer to know before I connect you?
Customer: they want to drop the hourly below what the 40K represents in hourly pay because I work about 47 hours per week.
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: ok
Submitted: 30 days ago.
Category: Employment Law
Expert:  RobertJDFL replied 30 days ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 30 days ago.

Thank you for your patience.

Your employer would have to change your status to non-exempt in that case, yes. You will now be required to receive overtime pay (time and a half) for any hours over 40 that you work in a week. You will also be required to start tracking your hours, including things like logging into your work email from home, for example. In addition, you may see some or all of the following from your employer:

  • Your employer may limit you from working overtime (in order to avoid new costs of paying for that overtime -which it sounds like your employer is concerned about given how many hours you typically work each week).
  • If you regularly work more than 40 hours a week, your employer might choose to reduce your base hourly wage to account for the overtime pay you’ll need to receive, in order to ensure that your overall annual compensation stays about where it is now. That's legal, so long as you earn above minimum wage, unfortunately.

It's also possible, given that you would earn a lot of overtime keeping your schedule, that your employer could bump you up to that $47,476 mark, and keep you exempt.

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