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Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 month ago

Can an employer change their support staff’s pay from hourly to straight?

For example, if a McDonald’s cashier is paid hourly, can it be changed to straight — no overtime, no regular time after their 35 hours (for example) if they worked 37 hours.  So, like an HR manager, they would be paid their hourly salary multiplied by the standard hours they work, even if they stay late.  

FYI - Upon employer changing staff’s pay to straight, they didn’t say “you must have approval for O.T. if you worked past your regular hours,” but instead basically “salaries will be straight instead of hourly, no matter how many hours worked.”  Is thus possible?  Also, they’re were no salary increases during this “from hourly to straight” adjustment (a typical practice when employee’s salary is no longer hourly).

8 Answers

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  • 1 month ago

    For some jobs, yes.

    However, I don't think this is one of them.

    For many jobs, and I think this is one of them, the law requires that any hours over 40 in a week and any hours on the weekend must be paid overtime.

    However for those jobs where the law allows straight salary with no overtime, the employer could make that change.

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  • 1 month ago

    There are rules regarding overtime pay. If an employee is not exempt (there are legal definitions for what's considered exempt), then their employer is required to pay them overtime. Non-exempt employees are entitled to overtime pay even if they didn't seek/receive approval to work overtime; although, they can be disciplined for working overtime without approval.

    Straight salary means the employee receives the same salary every pay period. That would include periods where the employee works fewer hours than regular. For such weeks, the employer would need to either adjust their vacation hours, sick leave, or holiday time. If the employee no longer has any vacation/sick/holiday hours available to use, then the employer will have to come up with some other accounting means in order to ensure the employee continues to receive their regular paycheck. The employer can't have it both ways (get extra hours when the employee works longer *and* pay less when the employee works fewer hours).

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  • 1 month ago

    If by "straight" pay you mean making an employee a salaried employ, in my state that can only be legally done if the employee has actual supervisory responsibilities. The company would also have to show that the employee agreed agreed to the change in pay status (presumably in writing). Call your local state labor board and see what the laws are in your state in this regard.

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  • Eva
    Lv 7
    1 month ago

    In the US they could not do that. Support staff would not qualify as exempt employees. They have to be paid for all time worked. OT doesn't apply until they've worked more than 40 hrs. per week.

    • Nuff Sed
      Lv 7
      1 month agoReport

      Some states require OT payment for any DAY in which a worker exceeds 8 hours, or the like.

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  • Anonymous
    1 month ago

    They can turn it to salary anytime they want, but would still be required to additionally pay for any time worked over 40 hours and minimum wage laws for employees that would not be considered "exempt" under your state's employment law. 

      A McDonald's cashier would not be considered "exempt", but a HR manager probably would be exempt mostly because of much higher pay and responsibility.   It's very common for businesses to push the limits of this law.  Violations are commonplace.

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  • 1 month ago

    Employers are not required to pay overtime pay of 1.5 times regular hourly pay until hours exceed 40 in a week.

    Salaried employees do not have to be paid overtime pay. However, their weekly earnings must be at least $684 as of 2020.

    You said '(a typical practice when employee’s salary is no longer hourly). Salary is NEVER hourly.

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  • 1 month ago

    They can make people salaried employees, sure. That doesn't automatically make them ineligible for OT pay (which only happens after 40 hours anyway, not after scheduled hours).

    • Nuff Sed
      Lv 7
      1 month agoReport

      Under CA law, OT starts on any day in which an employee works more than 8 hours.

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  • 1 month ago

    Contact labor board in your government district or state.  That is all that can be suggested from no details on where in world, what job, what employment contract you signed.

    Source(s): I was replaced as a college teacher when I was 50. A new hire had no teaching background and only 30 years old. State labor board said I had no protection on age discrimination since they said I was "only one who had that situation and it was not a pattern" under the US law.
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