Legal Question in Employment Law in Virginia

I was hired 3 months ago as an exempt 36 hour employee. (I do have this offer in writing.) I have been working hourly until the company opens, with the expectation of going on the promised salary once we open. Now my HR department is telling me that they are prohibited by wage and hour laws from actually paying me this way, saying instead that I must be a 40 hour exempt employee. Is this true?

Asked on 8/06/13, 9:02 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, probably, not.

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Answered on 8/06/13, 10:20 pm

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