Can my employer change my contract from 10 month to 12 month? Can I find out what other salaries wer

My new boss has handed down to a few of us that we are 12 month employees now, yet my research/flier states that I was a 10 month employee. There looks to be a mix up after I was hired with Human resources. They state that I have been payed as a 12 month employee for the past twelve years, thus making me a 12 month employee, and not be able to work at my other job during the summer(which was recommended to me by my original boss 12 years ago, and is about 25-30 percent of my total income). I want to know if my employer payed me as a 12 month with my 10 month salary. How can I find this out. HR says other employee salaries are private.

1 answer  |  asked Mar 9, 2010 12:18 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
i have no idea what "ten month - twelve month" means - are you a teacher? in any case, you have the right to see all your back payroll records to determine for yourself if you were improperly paid. remember the law does not require that the employer pay you anything more than minimum wage; if you have a written contract, your claim has to do with a violation of the contract. all overtime depends on your being paid your contract rate.

as for "finding out about other employees", the law does not allow the employer to prohibit your discussing YOUR OWN wages with other employees. whether they disclose their own wages or not is up to them, but the employer cannot prohibit discussion among employees of their wages. YOU CANNOT TELL OTHERS what you know about others' wages, but you can discuss your own wages among yourselves.

you need to consult with an attorney experienced in employment law. to find one in your area, go to the cal employment lawyers' website, www.celaweb.org, and look in the "attorney search" directory.

posted by Janet M. Koehn  |  Mar 9, 2010 1:04 PM [EST]

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