Re: Violation of FLSA? Exempt vs. Non-Exempt

Making a determination as to whether an employee is exempt or non-exempt is not always an easy call. The FLSA test is complex and with many employees that are on or near the line an argument can be made for exempt or non-exempt status. There have been a lot of FLSA suits lately for exployers paying salary to someone who should be hourly. However, it is not a violation of law to pay someone who could be considered salaried on an hourly basis. Therefore, your employer could have changed your classification out of caution and not because you should have been hourly all along. That said, this is an issue you should look into. The Department of Labor is charged with enforcing the FLSA and they are at www.DOL.gov. You could also discuss your particular situation with an employment attorney. Good luck.

Re: Violation of FLSA? Exempt vs. Non-Exempt

While your employer's decision to change your pay status from salary to hourly could indicate a potential FLSA violation, there are several practical factors to consider. First, have you worked in execess of forty hours per week while you were salaried. Secondly, what do you "do" as an accounting analyst? Have your job duties and/or essential functions changed at all?

These, amongst other questions, should be reviewed with an attorney if you are interested in establishing what your rights are. In this regard, please feel free to contact me at (305) 810-2887.

Re: Violation of FLSA? Exempt vs. Non-Exempt

That is very likely. Go to your local Labor Department office to discuss.