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Can my employer lower my hourly pay?
Just recently my manager told me that I'm going to have to step down from supervisor to sales associate (I work in retail) because I'm not available at least 25 hours per week. I have yet to find that rule in my job description, so that may be a problem in and of itself.
She also mentioned that if I continue meeting my sales goals, my pay might not go down that much. I mentioned this to a few friends and they all agreed that it is illegal for my employer to cut my pay, even if they do change my job title.
I tried finding some proof of this so i could confront my manager but I can't seem to find anything. Can anyone tell me if this is illegal, and if so, where can I find proof?
Also, I live in California. And my employee type is "regular."
It is not necessary to post mean and accusatory answers. It was simply a question.
In my defense, I am going to school full time and balancing a full time work schedule between two jobs. I'm not being demoted because I can't do my job right, like many of you seem to think. I am stepping down because there aren't enough hours in a week.
Some of you should really think about your answers before you post them.
12 Answers
- ?Lv 69 years agoFavorite Answer
Unless there is some sort of union, employment (bargaining) agreement, civil service, or other employment agreement - there is no law against lowering your wages - as long as the wages meet the standards of the fair labor standards of the Department of Labor. You can contact your state's department of labor and ask about laws just for your state.
- Anonymous5 years ago
While an employer in the UK can lower peoples wages, they have to fulfill certain obligations in law. They cannot change a contract of employment (including wages and hours) by more than 25%. If they do so, it is challengable through the Employment Tribunal as an unlawful dismissal. They are also required to give 'reasonable' notice, and must demonstrate to the court that they provided 'full and meaningful' consultation. It is sad that so many people who answer these questions know nothing at all about employment law or peoples rights under it.
- JayLv 79 years ago
You absolutely, positively, can be demoted and have your pay cut. Without a question.
Although the 25 hour requirement may not have been documented, you don't have much of a leg to stand on that you're not meeting the needs as a supervisor.
I can't imagine why anyone would think that it would be illegal to demote someone that's not working out in a role. This simply isn't the case. I can confirm this for California.
If you don't like the demotion, you are free to quit or commit yourself to meeting your employer's reasonable requirements for a supervisor position.
- Jason ColterLv 59 years ago
This sounds legit...if you get demoted, so does your pay, because you no longer have that title, thus you no longer receive the pay. If that were the case, everyone who made supervisor would just do that for a week, then purposely get demoted so they can do less work but receive the same pay, which is fraud. You think the ceo would still be making six figures if they busted him down to janitor? Not happening....
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- 8 years ago
im having the same problem here, i am not being demoted because i cant do my job, its the schedule i had its not working out for me so i asked to be in another shift they said they dont have a position for me as of what i was doing , i can go in as a regular worker but they will lower my wage back to $8, i was geting paid $9
- wizjpLv 79 years ago
You can't find proof it's illegal because it's not.
I honestly don't know where the entitlement comes from here?
(You ARE being demoted because you can't do your job right...you need to be there to do a job, )
They need a manager 25 hours a week. You ain't it. The get someone who is.
Pay rate? As long as there is no collective bargaining agreement in place, as long as you are getting minimum wage, it's legal.
- ?Lv 79 years ago
No. Even in California, they can lower your hourly rate if you have no contract (as long as you're not a public works employee working on prevailing wage...which you're not) as long as it doesn't bring it below $8/hour which is CA's minimum wage.
The reason why you can't find anything about this being illegal is because it's not. Find smarter friends.
- 9 years ago
If you are changing positions (especially to one of lesser responsibility), then of course it is legal to pay you what the market value of that position is. You don't have a contract for x amount salary or hour
- ?Lv 49 years ago
Unless you have a contract they can lower your pay, terminate you without reason, change your job etc....