Legal Question in Employment Law in Virginia

Changing employment status after you are employeed

My company hired administrative assistants. We were hired as salaried employees and were paid our salary if we worked 30 or 60 hours. This year the company decided that legally they couldn't employee us as salaried employees so our status was changed & we had to use a time card. Company policy is that you can't work overtime without prior approval. Bosses such as mine won't approve the overtime and they aren't here to approve it when you needed it approved. So, you eat it. In addition, I find out today that if I work 79 hours, I only get paid 79 hours. This is the first I've heard of this. I was under the impression that I was still salaried but that if I worked overtime I qualified. Our payroll administrator thought likewise but when she went to HR, she was told that we get paid what we work. Is this legal? Can they change our status without giving us a new contract? Can they not pay us our salary if we fail to work the full 40 hours? There was never a memo nor contract nor anything that specified that we were completely hourly employees now. Even at our review, we see our pay as salary. My boss's response was that we are given a salary that is broken down into hours and that is the rate at which we are paid.


Asked on 10/31/03, 1:18 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Changing employment status after you are employeed

I would advise that you go to the Virginia Department of Labor and Industry's website and see if you can find the link to their wage and

hour division which may well be able to provide answers to your questions and, perhaps, even investigate your complaint.

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Answered on 11/01/03, 11:55 am


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