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    jcbalderas's Avatar
    jcbalderas Posts: 3, Reputation: 1
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    #1

    Jun 26, 2009, 05:13 PM
    TX/Payroll/Change fm salary to hourly & reduced pay
    Can an employer change payrate from salary to hourly at a reduced rate and only restrict that employee to hours approved from a work log & time clock that has to be submitted on a daily basis. Employer doesn't want to pay overtime but does pay OT for other employees. No one else has to sumbit a work log or daily time clock. The other thing added was a bonus or incentive pay for items that get done timely but nothing has been written up to explain what is the bonus structure. When the VP reviewed the plan she stated in order to get all of the bonus money the CEO had to be happy. I think this is legal but not sure. I'm in Texas in case you needed to know.

    I appreciate any help I can get and thanks in advance!
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #2

    Jun 29, 2009, 06:24 AM

    It is legal for an employer to pay any employee by the hour and it is also legal to change the pay from salaried to hourly. There are no restrictions on who may be paid hourly.

    There are restrictions on who may be paid salaried exempt.

    Bonus's are between the company and the employee.

    The law is only concerned that the non exempt hourly employee is being paid at least minimum wage and overtime for all wages over 40.

    If the employer asks for a log of ours and to clock in and out that is the option of the employer and it is not illegal. It is between you and the employer.

    If the pay rate is reduced than you should be told about the reduction before any work is performed at the new rate. It is not illegal to reduce a pay rate as long as you are still receiving at least the minimum wage.


    Shirley
    jcbalderas's Avatar
    jcbalderas Posts: 3, Reputation: 1
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    #3

    Jun 29, 2009, 11:28 AM

    Thanks for your response
    jcbalderas's Avatar
    jcbalderas Posts: 3, Reputation: 1
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    #4

    Jun 29, 2009, 11:31 AM

    I have another question... can the employer not pay you for hours worked if you don't submit a work log? There is no contract regarding this so I think they would have to regardless of work log.
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #5

    Jun 29, 2009, 11:49 AM

    As long as you are logging in and out you must be paid. The company cannot hold your check because you do not turn in a log.

    If it is required by the company that you turn in a work log and you do not they can disclipine you for insubordination not following policy and you can be terminated.

    Shirley
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