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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30385
Experience:  Lawyer
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I live an work in Texas. I have been a salaried employee for

Customer Question

I live an work in Texas. I have been a salaried employee for almost ten years. Part of my job duties as a Sales Rep has always been to make gifts or bake goods for my referrals. Due to the recent changes regarding the minimum threshold for salaried employees my employer has informed me that I will now be an hourly employee. I was informed that my hourly pay rate would be less now and in order to make up the difference I would have to work a minimum of 44 hours per week. I was also informed that making gifts and baking for my referrals was still required but I would not get paid for that and I was expected to do that "after business hours". Can they require me to do that "off the clock"?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: I am not sure about your question. No reports have been made by me. I only have email communications I received from them this morning.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 11 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

No, they can't. They can increase your salary so you meet the new threshhold for exempt employees, or they can let you make gifts/baked goods during your normal shift, or they can pay you overtime for all hours over 40/week, including time spent making baked goods or other gifts. Those are their only options. They also cannot legally terminate you for refusing to work for free, because that would be a violation of federal law. This law was changed to help stop employers from taking advantage of employees. Telling you to work for free is illegal. If you can't work this out, you can file a Complaint with the US Department of Labor.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 11 months ago.

Do you have any other questions about this?