What to do if my daughter is being told that she is a non-exempt salaried employee when her offer letter clearly states that that she was an exempt semi-monthly employee?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my daughter is being told that she is a non-exempt salaried employee when her offer letter clearly states that that she was an exempt semi-monthly employee?

My daughter was promoted almost 1 1/2 years ago and now HR is telling her she was a non-exempt salaried employee when it clearly states in the offer letter that she was an exempt semi-monthly employee. Is the offer that she signed stating that a legal document? They are trying to get her to a time sheet for now for her hours and because they sent her an email when she was initially promoted regarding OT authorization, they feel that this proves she was a non-exempt employee but it clearly says in the memo that she is a exempt employee. Is this legal? She never put in for OT.

Asked on February 10, 2017 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An offer letter is not a legally binding document: only an actual employment contract, which--among other things--must be for a definite fixed term (e.g. a one-year contract, two year, five year, etc.) is legally enforceable. Otherwise, in the absence of an enforceale written employment contract, your daughter is an "employee at will." That in turn means that if they want to make her or classify her as a non-exempt employee, they may do so; an employer can change the classification  of employees and how they are paid at will, so long as they comply with the labor laws (e.g. Fair Labor Standards Act).


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption