Q: Can a California employer switch a salaried employee to hourly making the hourly rate be based off 40 hours plus 5 ot?
Employee will not make there current salaried amount when changed to hourly unless they work overtime. Is this legal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You may be concerned about your employer switching you from a salaried position to hourly pay, especially if this means you'll earn less unless you work overtime. In California, employers generally have the right to change the terms of employment, including compensation structure, as long as they provide proper notice and the changes are not retroactive.
However, your employer must comply with state labor laws regarding minimum wage and overtime pay. This means you must be paid at least the minimum wage for all hours worked, and receive overtime pay for any hours over eight in a day or 40 in a week. The new pay structure should not violate any existing employment contracts or be discriminatory in nature.
If you feel that this change negatively affects you or may not comply with labor laws, consider contacting the California Labor Commissioner's Office for guidance. They can provide information on your rights and help determine if your employer's actions are legal. It's important to understand your rights to ensure you're being treated fairly under the law.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
