Q: My last employer change my status from salary to hourly on my last check to avoid paying me my full check is this legal?
Neither Texas or Federal law prohibit an employer from retroactively modifying an employee's wages. However, the Texas Workforce Commission (“TWC”) apply common law principals to protect employees from retroactive wage reductions. When an employer retroactively reduces wages without notice to the employee, that employee can file a claim to recover the lost wages with the TWC. Here is a link to the TWC’s web page on wage claims. http://www.twc.state.tx.us/jobseekers/how-submit-wage-claim-under-texas-payday-law
Additionally, if you feel like you were misclassified as a salary employee from the start and work overtime hours during that time frame, you should contact an employment attorney to discuss further.
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