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Agreed Upon Salary...Suddenly Changed Florida

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  • Agreed Upon Salary...Suddenly Changed Florida

    I am currently a salary exempt employee in Florida. Recently I changed from part time salary to full time salary and the agreed upon salary from my boss was transcribed to me in email. Now my boss states that I need to take a pay cut going from part time to full time. The pay cut is reducing my salary per hour worked. Is this legal since it is not in writing? I hope this is in the correct thread and thanks for the help.

  • #2
    Probably legal. Assuming that you really are Exempt Salaried (pass the related "duties" test), then under federal law (FLSA) you must be paid at least $455/week. Federal labor law does not care if your salary is raised or lowered as long as the $455/weeek salary is paid. Florida "law" does not care about much of anything. Which leaves contract law. If you both sat down in a lawyers office, had a formal contract drawn up which said something like "paid $1,000/week for the next year" in such a way as to comply with Florida contract law, then you have recourse. If instead you just have conversations or emails, then you probably have no recourse. The "common law" related to employee compensation is that the employer can normally change compensation on a go forward basis. You would need a very specific and legally enforcable written contract to override this presumption. While anything is possible, if you do not have a formal written contract (intended to be a contract at the time it was created), your chances are not good.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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