Can I be switched to hourly from salaried?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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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