Hi

I was changed from Salary to Hourly . Management said I was mis-classified 3 years ago. Do I have a right to claim overtime pay for those three years?

I worked hard and now they say I should have been Hourly...
I live in Mass.

Thanks

Tony

Most likely not, since you were classified as such. It appears from the very little info given was that you were classified and paid as a salary person. They have now reviewed it and believe you should have been hourly. So they have now changed you to hourly ( which is their right unless you have a written contract)

I would say that since you were paid as classified and they have a right to change your classifiaction if they wish to.

I would wonder more what caused them to want to change this, is there possible lay offs or work dropping to part time shortly, where it would be to their benefit to have you hourly??

I Understand BUT...

They may have mis-classified me and it was their error. Now I work 8-5
Before I worked 8-6 it seems to me that They should pay me what my classification was suppose to be... Or I could say they took advantage of me and when The workload eased up they thought they would save money by putting me hourly.

What do you think?

Tony

I will give you first a legal answer and then a real life answer.

Could you possibly ask for it, and sue them if they don't, yes, could you win ( I personally don't think so, but then in the end it would be the way a judge views the specific laws in your state)

Now for the real life, what can happen, while of course they can't fire you for sueing, but they can always "find" something wrong. Did you miss a date on your application of a place you previously worked, when they are preparing for the law suit, guess what, they review your application and find you lied on it. They may find something wrong with your work,
Believe me there is no one that can not be fired with cause if a company wants to watch you enough, and dig enough into your work.

This was a job I did in the 80's I was to find reasons to fire or to get someone to quit. I could not violate the union rules and it had to be a valid reason. I never failed, never.

This is not right, but it is what happens in real life. The same thing happened to me when I worked at a major college in Ga a few years ago.
I was a witness to a racial discrimination case, we got a new department head, guess what , guess who was the first three people let go. Yep, me and the two people who had the law suit against the department.


Everyone knows why, really why, but for each of us they found small violations of some rule ( even one we were told to do by our supervisor, who latter lied about it) so in real life right does not mean you will win and keep your job.

Hi,
If your work has "eased up", then I would be very appreciative to be put on hourly wages, instead of just simply being let go.
Many companies in America are cutting back on employees, like Ford, others.
Personally, I would happy I still have a job. No, it isn't very likely they are going to pay you "back wages", and if you make an issue of it, you might lose your job, or at best, cause some very, very hard feelings with your superiors.
I do wish you the best, and hang in there.

Hmm

I think IBM is going to court for the very same thing..
A Class action law suit...

By the company admitting they had Mis-Classified me and made a mistake
Don't you think it morally, ethically and possibly Legally right to pay me the
Correct compensation due me for my work performed?
At this point I don't care if I loose my job.

Tony

If you don't care if you lose your job, then go for it, but first figure out what it is work

Also does benefits change in for salary over hourly different, for example salary at our company gets a week more vacation a year, added benefit.

Also where you absent or gone any days during the three years and still got your pay.


Example, if you worked 50 weeks a year ( minus two week vacation)
And you were owed 5 hours a week that is 250 hours or 750 total hours.

Then if you were on salary and missed 4 days a year but was paid for them since you were salary, that could be ( just guessing some numbers)
That would be 32 hours a year or about 96 hours pay that would not be payable for overtime.

Also normally overtime in most companies are not payable on holiday weeks, since they are based on worked hours not paid hours.
So if you had 8 holidays a year that is another 8 hours that would not be payable.

My guess is after they reviewed your work history very closely they would get the max overtime pay down to about 600 hours.

Next of course merely a error does not mean that they have to pay you, you were offered a job at certain wages and conditions, they were not required to pay you by contract any other wages.

I don't think you have a chance in... of winning personally and you will have to pay out legal costs and then be out of a job trying to find another one with a record of sueing your past employer, not something a new employer is looking for.