Expert: Thomas R. Ballas - 11/4/2009

Question
In MN, can an employer switch employees back and forth from Salaried to Hourly and then Hourly to Salary without notice to the employee or does notice need to be given to the employee?

Answer
WKW:

The duties of the position drive the answer to wether the job is salaried or hourly.  Certainly the employee must know which his position is in order he know if overtime is due the position.  Here is a link to the DOL site that will help you define if your position is exempt or non exempt.  By law, there should not be any switching back and forth, unless the duties of the position change.  

http://www.dol.gov/compliance/guide/minwage.htm

Tom Ballas