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Employment Law/pay decrease for going above and beyond

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Question
QUESTION: I've been working for this company for two years and after the first six months thay gave me a promotion to a flat rate pay.so the work has increased and my pay has gone up in I'm doin about136 hours every two weeks....so the owner says no one in that position should make that much money...so he is decreasing my pay by almost half .i don't think this is fair

ANSWER: I don't think this is fair either and you should tell him how you feel. It is not illegal to cut pay, but it is not right to do so.

Shirley

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QUESTION: What if he terminates me....for questioning his decision....o have seen him do it before...and can't afford to do so...im not sure how flat rate/peice work works...or the laws ...should i contact the labor board

Answer
You can contact the labor board if you wish but the law says that what he must do is pay you at least minimum wage. The flat rate needs to equal out to at least minimum wage. At least I know it has to in New York and in California. I do not know which state you are in so I couldn't look those laws up for you.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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