Reductuton in wages anytime and selectively
Can they reduce salaries at any time and raise it to what is in contract anytime.
Question: My employer (located in Atlanta, GA) reduces pay of some employees selectively coz they are not at the clients site and we are a consulting company.
In the first month I am off client site they reduce 33%, in the second month 50% and in some case they stop my pay until they are able to find a client.
This is not done for employees who are at clients site.
My question is can an employer do this as in the contract its written that I am salaried so doesent he have to pay me a fixed salary and if he wants to reduce he has to reduce it for all.
Furthermore this reduction is not attributed to non performance butbecause I am not at clients site and its my employers responsibility to find a client for me though i do help him in that.
Please advise
Answers (1)
Absent a contract for a fixed term, your employer is allowed to change your pay, even from day to day. You can accept the pay or reject it at any time. The employer cannot reduce it below the minimum wage ($5.15/hour) or fail to pay you for overtime if you are non-exempt.
As a salaried employee receiving flucuating wages, you are not entitled for that reason alone to receive that salary. You may, however, be entitled to overtime. If you routinely work more than 40 hours a week, this will be something to explore.
Finally, changing your salary may expose your employer to an "equal pay" claim, which arises where the member of the opposite gender receives more than you for performing the a substantially equal job.
Regards,
Neil.
posted by Neil Klingshirn | Dec 18, 2001 2:39 PM [EST]
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