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re: If you started a job where you originally made straight time paid overtime
Posted on 3/11/25 at 8:56 am to RoosterCogburn585
Posted on 3/11/25 at 8:56 am to RoosterCogburn585
quote:
And the employer decides to change that, in essence changing you to salary, is that legal?
I don't see why it wouldn't be.
When I was put on salary I negotiated that anything I worked over 40 hours would be paid an hourly straight time rate. I think it's been 3 or 4 years since I've worked overtime, though.
This post was edited on 3/11/25 at 8:58 am
0
Posted on 3/11/25 at 8:59 am to RoosterCogburn585
You can change your pay structure at any time, too.
Posted on 3/11/25 at 9:00 am to RoosterCogburn585
I'm confused. When you took the job did you agree to get paid hourly or agree to a salary? If you agreed to get paid hourly and the employer is changing it to a salary, I would ask them why they are suddenly changing the pay structure. If they say that it's because they now don't want to pay you overtime, tell them that you now don't want to work more than 40 hours per week. Probably a bit of a risk on your part, but they shouldn't be surprised by it considering what they are doing.
This post was edited on 3/11/25 at 9:02 am
Posted on 3/11/25 at 9:03 am to TDsngumbo
quote:This is my question too. If you didn't sign a contract, they can change your pay however they want. You can leave whenever you want if you don't like the decision.
Did you and your employer both sign a contract stating that they couldn't?
Posted on 3/11/25 at 9:06 am to RoosterCogburn585
Posted on 3/11/25 at 9:07 am to Topwater Trout
quote:
as a salary employee or hourly?
Hourly. No one in this office is salary except the office manager who is above the entire office. This is the industrial design/engineering field.
Posted on 3/11/25 at 9:09 am to RoosterCogburn585
Is it legal? Maybe, maybe not. The FLSB (under the DOL) has pretty strict rules for exempt vs non-exempt positions. I don’t know how small of companies they apply to, but a large company I worked for years ago paid $86MM in fines and back pay to people who were mis-classified.
This post was edited on 3/11/25 at 9:11 am
Posted on 3/11/25 at 9:11 am to RoosterCogburn585
quote:
So the employer has the right to change your pay structure at any given time?
Unless you have a contract that says otherwise, yes.
Posted on 3/11/25 at 9:14 am to RoosterCogburn585
If you were paid hourly as a non-exempt employee and they move you to salary then that's a huge red flag and likely a violation of FLSA. In fact, if your job duties did not change then its pretty much a slam dunk that it's a violation. If they also changed your job duties, then it may or may not be a violation.
Now if you are a manager and manager 2 or more people then they can move you to exempt as long as you make at least $455/week (and they can't dock you for working less than 40). There is also an Admin exemption if you are in an admin role, but I am not as familiar with those requirements.
In any case, when did McDonald's start putting fry cooks on salary?
Now if you are a manager and manager 2 or more people then they can move you to exempt as long as you make at least $455/week (and they can't dock you for working less than 40). There is also an Admin exemption if you are in an admin role, but I am not as familiar with those requirements.
In any case, when did McDonald's start putting fry cooks on salary?
Posted on 3/11/25 at 9:15 am to eitek1
quote:
I'd be really interested to hear more about this. This sounds a bit like shenanigans. Federal labor laws trump all creative interpretations on ways to screw employees.
Not much more info I can give you other than when I started, I was hourly and paid premium overtime, now I'm still hourly, but make straight overtime with the option to bank any hours over 40 to use for vacations or whatever later on. Our company is based out of Texas, but our office is in Louisiana.
We are a fairly large company who offer industrial design/engineering, industrial construction, etc.
Posted on 3/11/25 at 9:15 am to RoosterCogburn585
It always fascinates and humors me when we promote a field hand to more of a supervisor/manager position and he goes from hourly to salary. It’s basically a pay cut. Welcome to the real world.
For some reason they stop taking that first hour on the clock to eat breakfast and chit chat and are ready to get to work.
For some reason they stop taking that first hour on the clock to eat breakfast and chit chat and are ready to get to work.
Posted on 3/11/25 at 9:18 am to RoosterCogburn585
The only thing your company has to pay you is minimum wage
Now you are free to quit
Now you are free to quit
Posted on 3/11/25 at 9:25 am to Homey the Clown
quote:
Hourly. No one in this office is salary except the office manager who is above the entire office. This is the industrial design/engineering field.
Same field, indstr. engineering, and my company is the same way. I'm pretty sure all are.
Once you get to a certain hourly rate, you go "exempt" where you are compensated for overtime at your straight time rate. No premium time on OT.
Some will argue against it and remain non-exempt but they'll rarely ever be given an opportunity to work OT.
I think its a play on the invoice/billing side of things which dependent on if the job is a T&M or Lump Sum contract, can favor the client or the firm.
Posted on 3/11/25 at 9:29 am to southern686
You're correct. When I was on premium overtime, and had the opportunity to work it, it was only if the client approved it. But as you probably know, these clients are constantly moving up deadlines, so sometimes if they want it done four weeks earlier than the timeline that was agreed upon, then they have to approve the premium overtime, or accept that its going to remain on the same deadline previously agreed upon.
Posted on 3/11/25 at 9:32 am to RoosterCogburn585
The DOL regulations prescribed the types of jobs that can be salary with no overtime. Generally, they’re limited to professional-type jobs
This post was edited on 3/11/25 at 9:38 am
Posted on 3/11/25 at 9:34 am to RoosterCogburn585
quote:
And the employer decides to change that, in essence changing you to salary, is that legal?
I just did this to one of my employees, but I made his salary the same as his hourly wage, plus his average OT. He was happy with it.
Posted on 3/11/25 at 9:36 am to Homey the Clown
quote:
Hourly.
how are exempt employees hourly? this would mean if you work 36 hrs a week you are docked 4 hrs of pay...does that happen to you?
Posted on 3/11/25 at 9:40 am to Topwater Trout
quote:
how are exempt employees hourly? this would mean if you work 36 hrs a week you are docked 4 hrs of pay...does that happen to you?
At my company, yes. Your pay is based on the amount of hours you work...
Posted on 3/11/25 at 9:43 am to Homey the Clown
quote:
At my company, yes. Your pay is based on the amount of hours you work...
and over 40 hrs you do not get paid time and a half? maybe you should check out the FSLA and find out how they are making you an exempt employee.
Posted on 3/11/25 at 10:13 am to Topwater Trout
quote:
maybe you should check out the FSLA
Not worth the effort for the amount of OT I work...
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