Employment Law

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Do you know where I can find information regarding

Do you know where...

Do you know where I can find information regarding converting a salaried employee to an hourly employee in Pennsylvania?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I am a paralegal in PA and I am having trouble locating the law/rule regarding this subject.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No.

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Answered in 12 minutes by:
5/7/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

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.

There really is nothing to it. There are no formal legal proclamations that have to take place or special documentation. You simply have to give the employee notice of the change before they work any hours under the new payment method.

Changing a salaried employee to hourly is much more legally simple than changing an hourly to a salaried. This is because ANY employee can legally be paid hourly. It is the preferred method of payment under the Fair Labor Standards Act, while salaried employees have to meet certain legal requirements to be treated as such, and improper classification can be a legal violation. However, there no such thing as improperly classifying someone as hourly.

You are having trouble locating the law because employers simply are not that regulated. There is no law about the process, because there is no process beyond simple notification.

If you have any further questions or other facts that you would like me to consider, 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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks for your quick response! I know that employment laws vary from state to state... is this response specific to PA or is it for every state?

It is true of every state, as the Fair Labor Standards Act is a federal law.

That being said, we do check the state that you list for any additions to the law that some states might make. While a state cannot supersede federal law, they can add to it, making it more strict. Your state has not done so.

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Customer reply replied 3 months ago
Awesome! Thanks so much... YOU ROCK!
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