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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19305
Experience:  Employment/Labor Law Litigation
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Can my position be changed from salaried to hourly without

Customer Question

Can my position be changed from salaried to hourly without any notice to me? I have been in the position for at least 7 years and the change happened when they re-wrote the job description to hire a friend of my senior.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Legally speaking, hourly pay schemes are considered the most equitable and fair. Only salaried positions really have limitations on being established. On that basis, any job can be hourly. There is absolutely no limitations on jobs being created or changed to hourly positions.

Now, in terms of your specific situation, changing your obligations should require notice to you. That being said, unless you had a contract of employment stating that your employment could not be altered without your consent or termination without cause, they could change your terms or terminate your position at any time. This is called "at will" employment.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 11 months ago.
basically you are saying I have no recourse? I am unable to fulfill the duties of my position in 40 hours a week. Minus of course the mandatory 30 minutes of breaks each day. Also, is it expected to be fired for not clocking in/out when I wasn't aware of the change? I don't mind the change, but I feel the position was only reclassified for my senior's friend to be able to be hire. I also am upset that I wasn't notified of the change.
Expert:  Allen M., Esq. replied 11 months ago.

Unless you can present some evidence suggesting that the actual basis for this treatment is your race, religion, gender, age, disability or recent FMLA use, then yes that is correct.

You can legally be terminated without cause at any time, so they didn't really need a basis for termination.

Setting a position to hire a friend, not illegal. So that doesn't really help here either.