CAN MY PAY BE CHANGED FROM SALARY TO HOURLY FOR NO REASON

My boss has been upset with me for a couple of months basically doing anything he can to get under my skin. He knows that I am the only one in the family working so I took on a part time job which in no way affects this position. I have worked for this man for 15 years. For the last 8 I have been salary with the title of General Manager. In the last few months he has been taking duties away from me as a form of punishment and requesting things that are in no way possible. I haven't taken a vacation since 2005 except for 2 stays in the hospital which were stress related ( I have passed out twice and been taken by ambulance after arguments with him) Last week my grandmother passed away and I asked for a week off as I was the person who had to arrange her services. When I got back today he informed me he is changing me from salary to hourly starting Monday and my hours are changing. He is also moving my desk closer to his. I asked why and he said that I requested it which I did not. I asked for something to be given to me in writing explaining the new terms and if my pay rate would be the same. He told me he does not have to provide anything in writing and he will have to figure out what my pay is. Is any of this legal? Does he have to provide a pay change in writing? Can he discriminate against me because I have a part time job if it has nothing to do with this job? I am really at a loss here.

1 answer  |  asked Jan 14, 2013 5:35 PM [EST]  |  applies to California

Answers (1)

Elisa Ungerman
The California Labor Code and Industrial Wage Orders provide that generally, all employees are to be paid wages for every hour they work. So the presumption is that employees are to be paid hourly, with the benefit they get overtime if they work more than 8 hours in a day or 40 in a week, or work more than a seven day work week. There are exceptions - exemptions if the job requires a significant amount of independence and discretion. It may be that your boss discovered that you should have been paid hourly due to the position you are in, and is now actually conforming to the law. The law also requires that you are paid at least the minimum wage of the state. He does need to put what your hourly rate is and what hours you worked, etc on your pay stubb when you are paid. yes, he can change the rate of pay unless you have a contract with him that says otherwise, or he is illegally discriminating against you, which is not supported by any facts you listed so far. The fact you are in a part time job is not protected status for an illegal discrimination claim. You do say he is engagin in these acts as a form of punishment - which could give rise to a retaliation claim, but you don't provide any reason for the "punishment" which also remains ill defined. You may want to seek the advice of a labor/employment lawsyer in your area.

posted by Elisa Ungerman  |  Jan 14, 2013 6:23 PM [EST]

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