Can my employer cut my pay rate on my last check recieved from them only?

Business 3 views 1 answers
I recently worked for a subway resturaunt as a store manager being paid salary of $1,100 every 2 weeks, I was working anywere from 60 to 80 hours a week and only being paid for 45 of it so I decided to quit but on my last paycheck the rate was only $8 an hour and they owed me vacation pay also wich was paid at this rate. Can they legally do that or should I contact the board of labor or a lawyer?

Attorney Answer

1
Marilynnmika Spencer ·
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights. An employer is not free to change an employee's pay after the employee has already done the work. An employer may change the employee's rate of compensation for future work under most circumstances, but not if the employee was represented by a labor union, and not because the employee is a member of a protected group based on age, race, sex, disability, whistleblower status, etc. From what you wrote, it sounds like you were misclassified as exempt from overtime for the weeks you were paid a salary. There are specific requirements the work must meet before an employee is really exempt. Very few jobs in a fast food restaurant will meet those requirements. I urge you to speak with an experienced plaintiffs employment attorney or the U.S. Department of Labor to try to get the money you are due. You can enforce federal wage and hour law through the U.S. Department of Labor: http://www.dol.gov/dol/topic/wages/index.htm. Your state may have its own laws that provide additional protection. You can find a plaintiffs employment attorney on the National Employment Lawyers Association (NELA) web site www.nela.org. NELA is the largest and most influential bar association in the country for attorneys representing working people. You can search by location and practice area. Also, NELA has affiliates in every state and many cities which are listed on the NELA site. Not all NELA attorneys are named on the web site or affiliate site. This should not influence your selection; attorneys can choose whether or not to purchase a listing in the national directory, and each affiliate has its own rules for listing. I hope you can resolve your situation and wish you the best.
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