Legal Question in Employment Law in Texas

Employer playing exempt hourly game
Up until this past February I was a salaried exempt employee working as an apps engineer. Due to the economy, we were told by management that all employees except our non-exempt service engineers would be going to a 4-day work week, meaning a 20% cut in pay. Great, at least it wasn't just a cut in pay. I noticed on my bi-weekly paystub that it shows an hourly rate now instead of a bi-weekly rate. I have been required to record 32 hours each week in our electronic time card.

My boss, in an effort to get hours back for me, had me get trained as a service engineer. This is the first week since the training and I worked 45 hours. He now says I can only get paid for 40 hours because I am still classified as exempt. If I am doing the same job as the non-exempt guys, shouldn't I be getting paid overtime? In past years it was not uncommon for me to log 60-70hr weeks when travelling. Any chance of going for back pay?

Asked on 6/26/09, 7:06 pm

David Leon David L. Leon, P.C.

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Re: Employer playing exempt hourly game

Whether or not you're exempt has more to do with the type of job you're doing. I don't have enough facts here to make a determination.

Answered on 6/28/09, 12:14 am

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