Hi,

I work for a small business in agriculture in Oregon. I started out with an hourly position at my job, I was then promoted to a supervisory position and moved to salary, which paid vacation and benefits. There are no benefits on hourly positions. They have now moved me back to hourly because work is slow, and they don't have enough to maintain a 40 hour work week. I suspect when the work ramps back up again, and I'll be working 60-80 hour weeks and they will shift me back to salary, and continue this trend. In the winter, move supervisors to hourly, and then move supervisors to salary in the spring, summer and early fall months. Is this legal!?! It's really frustrating that I'm making less than I would be working either 100% salary or 100% hourly for the entire year.

twinkiedooter

Basically now companies are writing their own rules regarding this issue. I know it's frustrating to you right now, but if your company is going to survive, they will have to do some juggling and if they feel that constantly changing your status from hourly to salary is to their benefit, then I guess you have to either go along with this or find another job elsewhere. I'd stay. At least you have a job, even if you're not making as much as you would like to. Legally they can do whatever they want unless you have a written, signed contract with the company saying otherwise.

bryantfurnacer

If this is an ongoing practice, and not just for this year because of the economy, it sounds kind of abusive to me, that they are clearly gaming the whole salary vs. hourly business to pay you the least. Putting you on hourly when work is slow is one thing, but to switch you to salary then ask you to put in massive overtime for free is just too much.
They can only do that to you if you agree.
Next time they want to switch your status, say you'll only do it if it is a permanent change, or if you go on salary, that you either won't do overtime or you want paid overtime. Fair is fair, if they only want to pay you for the hours you work, they should pay you for the hours you work. But you have to grow a spine to make it work. You don't have to be a jerk or create an adversarial environment, you just have to clearly, without an attitude, state what you will agree to. Consider it a matter of principle, not a personal attack. They are in favor of the set of circumstances that will pay them the most, hourly in winter, salary in summer. You would naturally want the opposite, salary in winter and hourly in summer. So split the difference and just stick to one pay plan all year and that is fair for everyone. Now you're a diplomat and everyone respects your principaled stand.
Of course, they could tell you to take a hike, but if they do that in the summer when there is plenty of work, they hurt themselves more than you. In the winter when there isn't work, you're not walking away from much. Better for you though to take this stand at the beginning of the summer season, whenyou are in a stronger position. Then, during the summer, if things look dicey, look for another job!

jjwoodhull

This is a completely unfair practice. The point of being on salary is to know that you will get the same paycheck each week, regardless of the hours put in - sometimes more than 40, sometimes less than 40. It allows both you and the company to budget for the year. It is time you stand up for yourself. I would recommend consulting a lawyer.