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Changing salaried employee to hourly
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Changing salaried employee to hourly
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What are the consequences of changing a salaried receptionist in CA to an hourly one? In particular, retro OT? Thanks
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Changing salaried employee to hourly

posted at 8/7/1999 8:20 PM EDT
Posts: 2
First: 8/7/1999
Last: 8/8/1999
What are the consequences of changing a salaried receptionist in CA to an hourly one? In particular, retro OT?

Thanks
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Changing salaried employee to hourly

posted at 8/7/1999 9:21 PM EDT
Posts: 833
First: 6/11/1999
Last: 8/23/2001
You'd have to check CA's wage & hour regs for any state-specific quirks, but federally they only way you'd be responsible for back OT is if the position didn't qualify for the exemption in the first place. A complaint may generate discretionary penalties from the DOL and back OT for up to two years.

If the position qualifies for the exemption, but you choose to pay it hourly and allow OT, that's your choice: because a position qualifies for the exemption, doesn't mean the employer has to take advantage of it. It ends up being to the employee's benefit, but because the position could be exempt, there would be no mandated back-OT.



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Changing salaried employee to hourly

posted at 8/11/1999 6:59 PM EDT
Posts: 2217
First: 6/16/1999
Last: 12/13/2001
The most obvious FLSA consequence of reclassifying the receptionist from salaried to hourly, on a going forward basis, is that you will be liable for overtime. (To the extent that the receptionist has not been FLSA exempt all along, you may have retroactive overtime pay obligations.) With regard to California law, you may want to contact the DOL for guidance.
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Changing salaried employee to hourly

posted at 8/12/1999 4:29 PM EDT
Posts: 30
First: 8/12/1999
Last: 2/4/2000
Contact the Division of Labor Standards Enforcement, located in San Francisco. Their phone # is: 415-557-7878. Press "0" and hold for a Deputy Labor Commissioner. The hold can be rather long, but usually the people are fairly helpful.

P.S.: I hope that that is still the right number. I have not had to call them in a while. If it is not the current number, go to the State of California web site and look it up in the listing of California agencies and departments.
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