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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33167
Experience:  JD, BBA, recognized by ABA for excellence.
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Can an employee be switched from shift pay to hourly pay?

Customer Question

Can an employee be switched from shift pay to hourly pay?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome.
My name is ***** ***** my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:
Does the employee have a contract? In which state does the employee work? What type of work does the employee perform?
I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 2 years ago.
He does not have a contract and he works in the state of California. He is a cook. Some days he works 14 hours and other days he may only work 5 hours.
Customer: replied 2 years ago.
he is paid the same amount, regardless of the amount of hours he works.
Expert:  Tina replied 2 years ago.
I see. Yes, an employee may be changed from shift pay to hourly under these circumstances typically.
You will want to ensure they are paid at least minimum wage plus time and one-half for hours exceeding 8 per day, but there would typically be no reason you could not pay the employee on an hourly basis going forward under these circumstances.
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
Customer: replied 2 years ago.
Does it matter if the employee is union?
Expert:  Tina replied 2 years ago.
It could, if the union agreement dictates how the employee is paid--by shift or hourly. Yes that could make a difference depending on the terms of the agreement.
Customer: replied 2 years ago.
there is no specific language about hourly rate.
Expert:  Tina replied 2 years ago.
Then you would typically be free to change the rate and method of determining pay with notice to the employee.
Customer: replied 2 years ago.
how much notice is necessary?
Expert:  Tina replied 2 years ago.
Notice should be enough so that the employee has time to consider the "new offer", which is how the law would characterize a change in terms of employment and either accept or reject the modification. A day or two is enough under most circumstances, but a week or two is preferable.
Customer: replied 2 years ago.
If he rejects the offer, am I obliged to continue to pay him shift pay? or does it terminate his employment?
Expert:  Tina replied 2 years ago.
Hello again,
If he rejects the new offer, then that would typically terminate his employment unless the bargaining agreement states otherwise.