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Bait and Switch Regarding Salary Pennsylvania

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  • TsaaniD
    started a topic Bait and Switch Regarding Salary Pennsylvania

    Bait and Switch Regarding Salary Pennsylvania

    Good morning,

    I began a new full-time position July 19th at a starting pay of $600 per week. This was the rate we discussed and settled on during my interview a few weeks before. I have this offer in writing.

    This past Friday, my employer came to me and said that he could not afford to have me at $600/week and that he wanted to decrease my pay to $450/week. I have only been on the job for a total of four weeks.

    My question is this - is it illegal or simply unethical to hire someone at one rate (that you apparently can't afford) just to get them and then decrease their pay once they are on the job? It has been less than a month, and I'm not sure if there are any minimum time limits associated with decreasing someone's pay.

    Any feedback will be very much appreciated!

  • Betty3
    replied
    Originally posted by cbg View Post
    The reason Betty is asking about exempt/non-exempt status is that $450 is under the minimum pay for an exempt employee. If you were hired as an exempt employee, you can no longer be considered so; you are automatically non-exempt now (meaning that you must be paid overtime for all hours over 40 in a week). This does not affect the legality of the decrease - just the way you must now be paid.
    Yep - that's why I asked.

    Leave a comment:


  • cbg
    replied
    Unless you have what amounts to a legally binding and enforceable contract that guarantees a particular pay rate for a particular length of time, no, there is no minimum time limit involved with a pay decrease. The only caveat is that in most states (Patty will have to tell you if PA is one of them) your pay cannot be decreased after the fact, only going forward. In other words, you must be paid the higher rate for all time worked prior to his notification. I do know that PA does not have any notice period for the decrease; from the minute he told you, all hours worked after that time can legally be at the lower rate.

    The reason Betty is asking about exempt/non-exempt status is that $450 is under the minimum pay for an exempt employee. If you were hired as an exempt employee, you can no longer be considered so; you are automatically non-exempt now (meaning that you must be paid overtime for all hours over 40 in a week). This does not affect the legality of the decrease - just the way you must now be paid.

    Leave a comment:


  • Betty3
    replied
    Were you hired as an exempt or non-exempt employee? Thanks.

    Leave a comment:

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