Can an employer switch me from hourly to salary without me signing anything?

UPDATED: Sep 30, 2022

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Can an employer switch me from hourly to salary without me signing anything?

I am getting ready to switch from an hourly
position to salary and I have heard that they
just switch you without having you sign
anything. Are they allowed to do that? I have
also heard of them agreeing to a salary and
then paying less. But since there is no
document saying what that agreed upon salary
is they can’t do anything about it.

Asked on February 2, 2017 under Employment Labor Law, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless there exits an employment contract or union agreement to the contrary, your employer can switch you from hourly to salary without your signing any documentation to that effect. As for getting paid what was promised you, you can try to get a written statement as to your salary but your employer need not give you one (you can also try to have witnesses as to your purported wage and this could include co-workers who were also lied to). That having been said, if it does not pay you your agreed wage you can sue in small claims court and/or file a wage claim with your state's department of labor. Additionally, as an "at will" employee, in the event of a salary dispute, you can quit without providing notice.

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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