Legal Question in Employment Law in California
Decrease in Wages
My employer (California) has just informed me that there will be a change in payroll. Starting next pay period all salaried commericial drivers will be paid an hourly rate as opposed to salary. The problem is that they have decrease my base wage by $160 bi-weekly.
Is it legal for my employer to decrease my base wages and on such short notice???
Please advice
3 Answers from Attorneys
Re: Decrease in Wages
Yes, an employer can decrease wages, upon notice, unless restricted by a union contract or done in a retaliatory or discriminatory manner. There is no specific time frame for the notice, under the law. They only cannot decrease wages retroactively.
Re: Decrease in Wages
Yes, your employer can shift payment to an hourly rate, especially if they had misclassified all drivers as salaried. The real question is, were the drivers working more than 40 hours per week such that they are entitled to overtime pay for their work up to the date they were changed to hourly. You and your fellow drivers may be entitled to back pay for overtime wages.
If you would like to discuss this, please contact me
877.352.6400
Re: Decrease in Wages
You and your fellow commercial drivers may have a class action claim for overtime if your employer categorized you as "salaried" or "exempt" in an attempt to avoid payment of overtime wages. I would be happy to discuss this matter with you - initial consultations are free of charge. Please feel free to visit my website at: http://www.tgm-law.com for more information.
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