Can I be switched to hourly from salaried?

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Can I be switched to hourly from salaried?

The company I work for bought my old company out several years ago. In the contract, my old boss and new bosses signed, I was to remain a salaried employee. Now with the changes in wages, I have been told I have to start clocking in and out and will be considered hourly. Do I have any recourse with the fact the contract they negotiated said I was to remain a salaried employee. My new boss says he cannot give me a big enough salary increase to meet the salaried status.

Asked on August 17, 2016 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, your employer may switch you from salaried to hourly without your consent unless *you* have a written employment contract (a contract between you and the company; you cannot enforce someone else's contract, like one between you old and new bosses) which specifies that you are salaried. In the absence of a written employment contract, how to pay you is entirely up to your employer. It's not necessarily all bad, however: if you are hourly, you must be paid overtime if you work more than 40 hours in a week.


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