Can an employer convert a non-exempt part-time employee (15 hours per week, administrative office work) into a salaried position?

UPDATED: Sep 29, 2022

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Can an employer convert a non-exempt part-time employee (15 hours per week, administrative office work) into a salaried position?

And, if converted into a salaried position, would that employee be entitled to the same benefits (i.e. health insurance) as a full-time employee?

Asked on October 27, 2015 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) Employers can pay any employee on either an hourly or a salaried position. Full time or part time employees can be salaried or hourly.
2) The employees still must, for the number of hours he/she works per work, make at least the equivalent of minimum wage/hour, regardless of how he/she is paid.
3) Whether he or she gets the same benefits as a full time employee depends on the *that company's* rules for benefits--there is no general law on the subject, but rather each employer makes its own rules for how is eligible for benefits, how many hours must be worked per week to earn them, etc.

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.

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