ADA request from a salary employee. Can I convert them to hourly due to time restrictions?
If an employee gets a Dr. to sign off that there is a permanent disability related to neck pains, and they can not work in an office over 8 hours a day, or 40 hours a week, but they are salary, could it be considered retaliation to convert them from salary to hourly?
- michrLv 71 decade agoFavorite Answer
ADA does NOT address how someone is paid, if an accommodation is requested that changes the duties of the job and/or changes availability of course the pay may be changed.... an employer is NOT retaliating just because they adjust pay or benefits, the inability of the employee to work as needed is what has caused the change.
you do NOT need the expense of an attorney you can obtain an opinion from the DoL based on the specifics of this situation.... that is what they do
of course you can always ask legal counsel for their opinion but they are NOT the enforcing agency, the DoL IS.........