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John, Attorney
Category: Legal
Satisfied Customers: 4468
Experience:  Licensed and practicing attorney.
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No legal issue I was just told that my salary was switched

Customer Question

no legal issue I was just told that my salary was switched to salary as of my last pay stub but it doesn't reflect that,most of the employees here have been switched without notice and I want to see if this is legal.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: no I wasn't trying to get a lawyer I was just researching this now since I was just told.
JA: Anything else you think the lawyer should know?
Customer: my payroll personal says it might be because of the pay bracket I am in?.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Legal
Expert:  John replied 4 months ago.

There are two legal issues going on here. First, in regard to your pay, it cannot just be changed after the fact. It is a breach of contract to do that, and you have a wage complaint if that results in less pay to you. Second, one cannot just be changed to salaried absent them being in one of the potential classes that qualify for the exemption - namely the employee would have to be a manager, executive, professional, or outside sales person to qualify and be paid at least $455 per workweek. The explanation given to you makes no sense in this regard - - a "pay bracket" would not justify a change from hourly to salary. But some occupations that are historically paid hourly (e.g., nurse) are in fact eligible for a salary pay structure and the employer could make that change if it wanted in that instance.

Customer: replied 4 months ago.
I make $32.00 an hour and I feel that this was done without my knowledge and I have emailed the HR director along with my employer who is the owner.
Customer: replied 4 months ago.
my employer just called of course, he says he doesn't remember why they made the change it had something to do with legally?..He wants to talk tomorrow about it. but at this point what can I do to not let this happen.
Expert:  John replied 4 months ago.

Ask the department of labor to intervene. They can make the determination of whether you are able to be salary exempt. You can contact them here Other than that, if you earn enough per week and are able to be salary exempt the employer can make that change into the future.

Expert:  John replied 3 months ago.

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