Can my job force me on to salary?

UPDATED: Oct 1, 2022

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Can my job force me on to salary?

I was a driver for a contracting company that works with amazon. I was making $14 an hour plus overtime. Then I received a promotion in which I got a

dollar raised and was still told that I could make overtime which I have. Now they are telling me that I have to take 32k a year or I could take my position back as a driver. Can they do this?

Asked on June 17, 2018 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, yoru employer may do this: your employer has 100% control over how much you are paid and how you are paid--that is, hourly vs salaried--and can change these things at will unless you have a written contract guarantying how much you make.
However, you may still be eligible for overtime: to not get overtime, not only must you be paid a salary, but you must also meet one or more of the "exemptions" which you can find on the U.S. Dept. of Labor website, like the Executive (Managerial) exemption, the Administrative Employee exemption, the Professional exemption, etc. Look up those exemptions and compare to your job duties and authority; if you don't meet at least one of them, you are eligible for overtime.

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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