Expert: Shirley McAllister, CPP, PHR - 7/31/2009

Question
One more question regarding the previous questions about my company paying us as salary instead of hourly.  Is there any sort of protection against retaliation for an issue like this?  I would like to report the issue to the labor department but I am afraid of losing my job.  Do I have any way of protecting myself or do I need to just let it go?

Answer
There is a whistleblower's law which is supposed to protect against retaliation. That is not to say that later they cannot come up with a reason to let you go that is not pertaining to this, as I have seen this happen many times.

I would talk to HR and try to work it out with the company first. Then if you absolutely cannot call the labor department. If the company has a good reason for listing you as salaried, you cannot change that classification. The rules have changed and the amount of salary really makes a difference in how you are classified now. You do not need to be a supervisor or manager to be salaried exempt. I think it is now 430.00 a week on the salary exemption. There are a few other points that must be met, but it is a whole lot easier these days to classify as exempt. If the company can prove your job fits the classification than the labor department will not change it.

Shirley