Can my employer switch my employment from exempt to non exempt employee
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Can my employer switch my employment from exempt to non exempt employee
My employer is switching my status from exempt employee to non exempt. Also
changing my title from a manager. Salary does not change but does this affect my
benefits and is this allowed by Texas law?
Asked on October 20, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) It is completely legal unless it is in violation of some written employment contract you have. Otherwise, except as set forth in a contract, your employer determines how you are paid (exempt vs. non; salary vs. hourly), how much you are paid, your title, your resonsibilities, etc.
2) If you are not going to have true managerial resonsibilities, you probably should be be non-exempt; many salaried employees do not actually meet the criteria to be exempt, especially many non-managers. You will be overtime eligible now.
3) Whether it affects your benefits is up to your employer; the employer determines employee benefits.
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