Is it legal for an employer to continuously change an employee from salary to hourly and vice versa depending on the mood of the mood owner and to avoid paying over time in Texas?

Is it legal for an employer to continuously change an employee from salary to hourly and vice versa depending on the mood of the mood owner and to avoid paying over time in Texas? The owner of our company does this depending on her mood. She claims she's the owner and can do what ever she wants.

1 answer  |  asked Jul 27, 2020 07:19 AM [EST]  |  applies to Texas

Answers (1)

Christopher McKinney
In a word: No. Whether you are salaried (“Exempt” under the FLSA) or hourly (Non-exempt” under the FLSA) is a function of your job duties and not the whim of the employer.

posted by Christopher McKinney  |  Jul 27, 2020 07:42 AM [EST]

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