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View Full Version : California: Do Employers Need an Employee's Consent to Alter Compensation Structure?


MyJobBlows
11-29-2006, 10:52 AM
I find myself in strange and unfamiliar territory on an issue that has recently arisen & am hoping that someone with specific knowledge of this sort of thing will be able provide me with clarification.

I've been a salaried employee at my current job since the beginning of this year & have worked the same 9-5 schedule since starting. Although my job performance has received nothing but commendations, my employer recently informed me that my 9-5 schedule is not considered to be an 8-hour day because the company doesn't want to make the 30 minute lunch break a paid break. I've been given two options: Start working an additional half-hour every day for the same pay, or continue to work from 9-5 and take not only a reduction in my compensation, but also have my salary changed to an hourly rate. Of course, I'm not particularly thrilled with the situation - but I understand that if I don't like the way my current employer does things, I can always go and get a better job somewhere else.

Here's the thing I'm most curious about: I've been getting heavily pressured by the HR Manager to write a statement of consent to having my compensation structure changed from salary to hourly, despite the fact that I've been arriving to work 30 minutes earlier whenever possible in an effort to comply with the newly enforced policy. My employer told me that they can convert my salary to an hourly rate with or without my consent. If that's truly the case, why am I being pressed to provide them with written consent? I've been able to stall a bit while I research this, but my gut instinct is telling me not to write or sign anything stating that I consent to something that in truth, I don't agree with and don't consent to. Is my employer allowed to alter my compensation structure regardless of whether or not they have my consent to do so?

I anxiously await any and all verifiable answers - opinions are nice, but they're poor substitutes for actual facts! Thanks!

Pattymd
11-29-2006, 11:37 AM
It is true that, unless you have an enforceable employment contract to the contrary, you do not have to "consent" to either decreasing your rate of pay OR changing your pay method from salaried to hourly. The only requirement under the law is that you must be notified in advance of any decrease (in your state) before you work the hours at the lower rate.

cbg
11-29-2006, 11:40 AM
Even in California, no laws require that they obtain your consent before they alter your compensation structure. I don't know why they are pressuring you to give consent in writing, but they are correct that unless you have a bona fide contract that guarantees a particular structure, they can make changes with or without your consent.

This is true not because any particular law gives them permission to do so, but because no law prohibits it.

MyJobBlows
11-29-2006, 04:49 PM
Wow... that's crazy. Thanks so much for the info - disturbing though it may be.

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