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  • pay adjustment

    I was given a salery increase in June by my company. At that time, with the increase i was bringing home $3,500 bi-weekly which is comprobale with other in my position elsewhere. Last month (November) the company told me there was an error in the books and my increase was not suppost to have been given. In addition they adjusted my pay to $700 bi-weekly to pay back the money from the increase. This was all done without my concent or knowledge. Is this legal.

  • #2
    Deduction

    A reduction in your pay rate is legal. However, deducting the money owed from your paycheck without your authorization is not. What state are you in?
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      re; which state

      I am in florida. the company says they can since it was there bookkeeping error and i was not suppost to get the increase.

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      • #4
        Florida

        Unfortunately for you, Florida does not require authorization for such deductions from the pay, so long as the remaining amount still permits you to earn at least minimum wage.

        Let me know if you have any other questions.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          was recieving a pay rate at 25.00 hr .and got demoted at 22.50 was recieving 25.00

          Originally posted by LConnell
          A reduction in your pay rate is legal. However, deducting the money owed from your paycheck without your authorization is not. What state are you in?
          california

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          • #6
            my rate was 25.00 hr and was takin from me with out my concent

            was perfoming my electrical duties and then got demoted to 22.50

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            • #7
              Demotion

              A demotion/reduction in pay is legal in California. However, a deduction from pay without prior authorization is not.

              Let me know if you have any other questions.
              Lillian Connell

              Forum Moderator
              www.laborlawtalk.com

              Comment


              • #8
                not fair on pay.

                This is happening to me in Michigan also.I went to the website-Charge Statiatics:Equal Pay Act
                this is what it says:
                In correcting a pay differentail,No employee's pay may be reduced.Instead,the pay of the lower paid employee(s) must be increased.I'm not for sure if this would contain to you but I would go to that website and check it out.this did happen to us(employee's)7 years ago and they pulled us in the office and told us it was their mistake and we needed to pay it back and they wanted to know how we wanted it takin from our checks weekly or monthly.we did have to pay it back.pissed me off.good luck there.I do believe we the people get screwed by all employeers no matter what we do for a living or where we live.have a nice xmas in ur state.THEY JUST DON'T CARE ABOUT OUR LIVES!
                Last edited by dreamersoo21; 12-05-2004, 04:42 AM.

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                • #9
                  Pay Demotion

                  The key words in your last statement is "correcting a pay differential". If an employee is not paid appropriately under the Equal Pay Act, such as a woman making less than a man in the same job, with the same quality, skills, qualifications, time on the job and other factors as the man, then the employer must not decrease the pay in order to bring the jobs to parity. A demotion in pay for any other reason is legal.

                  Also, keep in mind that the issue of equality is very difficult to prove. There was a movement several years ago to change the law to read, "substantially equal". However, unfortunately for women and others in protected classes, that measure was defeated.

                  Let me know if you have any other questions.
                  Lillian Connell

                  Forum Moderator
                  www.laborlawtalk.com

                  Comment


                  • #10
                    It seems that this is a common thread. My situation is that I was promoted to a Management position (technically Sales) in October. In December, a client demanded that a friend be put in my position or they would pull the account. The client never once called me to discuss any problems or concerns, and instead only called my boss. I only met the client one time and never spoke to the client over the phone.

                    The friend has been brought in to fill my position. However, my official titles remains "Director" and the friend now holds the title "Senior Director." My pay was reduced by $300 / week from the salary that I had been given with my new position in October.

                    The first question is: If I was officially demoted, can my pay be reduced? There are no negative marks in my employment file. The demotion came at the request of a client who never allowed me the opportunity to prove my abilities. And at the time of announcing my demotion, my boss complimented me on my long hours of hard work and devotion to the job.

                    The second question is: If my title remains the same, was I actually demoted, or was a new position created? If I was NOT demoted, then can my pay be decreased? (I am trying to get an official verdict on my title without giving away word what my thoughts are.)

                    Please advise, if possible. I live in California. Thank you.

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                    • #11
                      Reduction in Pay

                      Your pay can be reduced for any reason other than reasons such as discrimination. If the friend was in a non-protected status and you are in a protected status, such as one related to race, age (over 40), gender, national origin, religion, disability, pregnancy status, sexual orientation (in California) or any other status protected by state or local law AND you were replaced because of that reaosn, then the pay reduction and job change is illegal. Other illegal reasons are those that are related to retaliation for protecting your legal rights, such as complaining about a safety violation. Otherwise it is legal.
                      Lillian Connell

                      Forum Moderator
                      www.laborlawtalk.com

                      Comment

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