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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
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Answered in 1 minute by:
6/4/2015
Employment Lawyer: Tina, Lawyer replied 2 years ago
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified
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.
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Customer reply 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 reply replied 2 years ago
he is paid the same amount, regardless of the amount of hours he works.
Employment Lawyer: Tina, Lawyer 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!
Tina
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Customer reply replied 2 years ago
Does it matter if the employee is union?
Employment Lawyer: Tina, Lawyer 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.
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Customer reply replied 2 years ago
there is no specific language about hourly rate.
Employment Lawyer: Tina, Lawyer replied 2 years ago
Then you would typically be free to change the rate and method of determining pay with notice to the employee.
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Customer reply replied 2 years ago
how much notice is necessary?
Employment Lawyer: Tina, Lawyer 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.
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Customer reply 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?
Employment Lawyer: Tina, Lawyer 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.
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Tina
Tina, Lawyer
Category: Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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