Is it legal for a company to change their reclassification of employment status requirements without notifying employees?

UPDATED: Sep 23, 2014

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Is it legal for a company to change their reclassification of employment status requirements without notifying employees?

And without updating it in the team member handbook?

Asked on September 23, 2014 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it is legal: all employment is "employment at will" (unless there is an employment contract to the contrary), so an employer may change (or even terminate) it at any time, without notice. However, the change is only effective in many cases from the moment of notice forward. So, for example: say an employee was nonexempt (hourly; overtime) and is changed to exempt (salary; no overtime); until the employee is told of his/her change in status, he/she would still earn overtime (if he/she works enough hours, that is).

And, any change in status or classification must be a legal one to begin with: for example, an employee can only be exempt from overtime if he/she meets the criteria (see the Dept. of Labor website) for exemption.

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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