Job status change...can they do this?

[elizabeth99]

What is the name of your state? IN

Work for a non-profit. Annual raise notice was given on Friday. Found out that they are changing me from hourly to salary. I did get a raise which is less than previous years. My eval this year was better then previous years and my raise was less.

They are making me salary due to some overtime I put in. Usually around an extra couple thousand a year, sometimes more, sometimes less. I did not get a salary increase (other than normal raise I would have received had they left me hourly). I already make a significant amount less than others who work in my field (they don't work for this company though). I do not receive any other "benefits" from going hourly. Previously I was informed they were looking into changing my job title and making me hourly but I was under the impression when they did that they would compensate for the overtime pay I am going to loose.

So, by making me salary I am actually taking a pay cut since I won't be getting paid for overtime.

Can they do this? Can they just change my employment status on a whim w/o any compensation? Do I have to be in agreement? Can I treat this as if I am a new hire and layout my terms?

Thanks.

 

[Beth3]

Can they do this? Only if your position meets the criteria for exempt status under the Fair Labor Standards Act.

Can they just change my employment status on a whim w/o any compensation? Yes, but again, in this instance only if your position qualifies as exempt. If your position may be appropriately classified as exempt, they do not need to include compensation you've previously received in OT pay as part of your new base salary however.

Do I have to be in agreement? No.

Can I treat this as if I am a new hire and layout my terms? You're free to try to negotiate with your employer. Your employer is free to refuse your terms however.

The underlying issue here is whether your position is exempt or non-exempt. You need to familiarize yourself with the particulars outlined in the FLSA, which can be found at www.dol.gov. Reclasifying a non-exempt position to exempt in order to avoid paying overtime is unlawful.