Legal Question in Employment Law in Texas
Question: In the state of Texas can an employer change your pay from hourly to salary without letting the employee know? Employer changed the status from hourly to salary on August 9. I turned in a timesheet last week for 96 hours (in one week August 9-15) The salary is based on a 60 hour work week, with a lower hourly pay rate than what I was making as an hourly employee. Can they do that without me knowing about it and/or signing something?
2 Answers from Attorneys
I would recommend speaking with an attorney as soon as possible. In general, in the "at will" context, an employer can make unilateral changes to your job, including how you are paid. In general, an employer cannot change your pay rate after you have worked certain hours (after the fact). But, as with everything in employment law, there are exceptions to the general rules and exceptions to those exceptions. You should consult with an attorney to determine (among other things) if (1) you are an "at will" employee; (2) the law permits you to be considered salaried and not paid overtime; (3) your employer properly changed your pay rate after the fact.
Call the Texas Workforce Commission and they may take up your case without an attorney..
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