Can an employer lower my salary rate without notifying me in advance?

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I had a base salary of $1730 every two weeks. My paycheck that I got Friday now shows a rate of $1330. Can my employer lower my salary without me knowing?

Attorney Answers

3
Emanuel Shirazi ·
An employer can change your salary for at-will employment, but only before the work is incurred for that lower salary.
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Frank Chen 340979.Html ·
I have a somewhat different view of this than Mr. Chen, but perhaps he and I are interpreting the facts differently. An employer can change your rate of pay at any time for FUTURE work, not past work. If there was no communication, oral or written, regarding a change in pay, your employer should pay you the same as before. You have the right to decide whether you will work for the new pay rate or not; it cannot be sprung upon you. If it comes to it, your employer will have to prove it provided advance notice of the pay change. Wage and hour laws are enforced either in court or by the Division of Labor Standards Enforcement (DLSE). http://www.dir.ca.gov/dlse/ There is no cost to using DLSE services. Please look at my guide on California's at-will employment law, which should help you understand your rights in this situation, as well as in the future. https://www.attorneyqna.com/legal-guides/ugc/a-short-summary-of-california-at-will-employment . Employment law is complicated and fact specific. You may wish to speak with an experienced plaintiffs employment attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. I hope you can resolve your situation and wish you the best.
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Frank Chen 340979.Html ·
Yes, an employer can lower your salary. However, the employer must still comply with the law by paying for all hours worked, pay you for any overtime worked, and pay you above the California minimum wage. What is your job position and duties? There may be a question of whether you qualify as an "exempt" employee who can be salaried, as opposed to "non-exempt" and paid hourly.
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