Employment Law

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My employer is trying to change me to salary without pay…

Customer Question
My employer is trying...

My employer is trying to change me to salary without pay increase etc I am health care professional and work bent hrs on and off Rhett clock

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ind

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
1/18/2018
Employment Lawyer: John, Employment Lawyer replied 7 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,049
Experience: Exclusively practice labor and employment law.
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I'm sorry, your question isn't clear. Please re-type your question.

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Customer reply replied 7 months ago
I am a nurse my employer demand I work overtime every week and is now trying to make me a salary employee
Employment Lawyer: John, Employment Lawyer replied 7 months ago

Unfortunately in your state employers have no limit on the number hours they can mandate from nurses. Also, nursing is a skilled profession, and while nurses have traditionally been paid hourly with overtime pay, under the wage law they can be classified as salary as a white collar exempt employee (and not eligible for overtime). The best I can advise you is that if you accept the salary position you should demand an amount that would at least be equivalent to your current 40 hours plus overtime for the number of hours they are requiring you to work in excess of 40.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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