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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12933
Experience:  Significant experience in all areas of employment law.
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My employer is changing me from salary to hourly and I will

Customer Question

My employer is changing me from salary to hourly and I will lose over $2 per hour in pay. Can they legally do that? What ramifications do I have?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Idaho
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I am a regional truck driver who has worked for the company for 18 years and have always been salary. I earn over the limit for the new overtime law that was passed.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, unless you had a contract guaranteeing your prior salary for a set period of time (which few employees do), the reduction and change in compensation structure is not illegal. The reason is because absent such an agreement, employment is presumed "at will," and as such can be terminated at any time. Since your employer could simply fire you and then hire you back pursuant to the new terms of employment, they can simply change the terms of your employer to accomplish the same thing. I'm afraid that all you can do in these circumstances is attempt to negotiate something better. If the terms of employment are no longer acceptable to you, you are of course free to seek alternative work elsewhere on better terms.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.