What will I be paid today???

I have worked at a CPA firm for 5 years. For 4 of those years we were salaried. Last summer we were forced to go to hourly and were reduced to 32 hours per week. We worked 32 hours a week for several months of our slow time. Now that it is tax season again we are still hourly but only receive overtime at our hourly rate and not time and a half.

First off was it legal for my boss to force us to change to hourly in the summer after we had put in significant overtime during tax season. Also now that we are forced to be hourly, are we entitled to time and a half for our overtime hours this tax season?

1 answer  |  asked Feb 1, 2005 1:18 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
If you are not paid on a salary basis, you are entitled to overtime at time and a half

Your employer cannot pay you hourly and then fail to pay time and one-half for overtime hours. The "professional" exemption that allows your employer to exempt you from overtime requires payment on a salaried basis.

Please feel free to email me at Neil@fklaborlaw.com with an estimate of the nunmber of hours that you have not received full overtime payment. If substantial, it may be worthwhile to file a claim to pursue it.

As for changing your pay, or the basis for calculating it, your employer is free to do so, unless you have an agreement that states otherwise. However, if your employer decides to pay you by the hour, it loses the right to exempt you from overtime.

Best regards,

Neil Klngshirn.

posted by Neil Klingshirn  |  Feb 1, 2005 5:35 PM [EST]

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