How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John, Attorney
Category: Legal
Satisfied Customers: 5688
Experience:  Licensed and practicing attorney.
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

No legal issue I was just told that my salary was switched

Customer Question

no legal issue I was just told that my salary was switched to salary as of my last pay stub but it doesn't reflect that,most of the employees here have been switched without notice and I want to see if this is legal.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: no I wasn't trying to get a lawyer I was just researching this now since I was just told.
JA: Anything else you think the lawyer should know?
Customer: my payroll personal says it might be because of the pay bracket I am in?.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.

There are two legal issues going on here. First, in regard to your pay, it cannot just be changed after the fact. It is a breach of contract to do that, and you have a wage complaint if that results in less pay to you. Second, one cannot just be changed to salaried absent them being in one of the potential classes that qualify for the exemption - namely the employee would have to be a manager, executive, professional, or outside sales person to qualify and be paid at least $455 per workweek. The explanation given to you makes no sense in this regard - - a "pay bracket" would not justify a change from hourly to salary. But some occupations that are historically paid hourly (e.g., nurse) are in fact eligible for a salary pay structure and the employer could make that change if it wanted in that instance.

Customer: replied 1 year ago.
I make $32.00 an hour and I feel that this was done without my knowledge and I have emailed the HR director along with my employer who is the owner.
Customer: replied 1 year ago.
my employer just called of course, he says he doesn't remember why they made the change it had something to do with legally?..He wants to talk tomorrow about it. but at this point what can I do to not let this happen.
Expert:  John replied 1 year ago.

Ask the department of labor to intervene. They can make the determination of whether you are able to be salary exempt. You can contact them here Other than that, if you earn enough per week and are able to be salary exempt the employer can make that change into the future.

Expert:  John replied 1 year ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.