Can an employer change me to hourly from salary exempt during an active workers comp claim?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer change me to hourly from salary exempt during an active workers comp claim?

My workers comp doctor put me on modified duty and reduced my work shift to Max of 6 hours per day. I was then told by my manager that my current classification status as a “salary exempt� employee would be changed to “non-exempt hourly� employee next pay period, so the company wouldn’t have to pay for hours I was not working, during my work

modifications. Is this legal to do in the state of CA?

Asked on June 25, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

That is perfectly legal. Your classification as hourly or salaried is something 100% under the control your employer. An employer has the right to change an employee from salaried to hourly or vice versa whenever and why-ever it wants, and so the shift in status is something they can do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption