Docking Pay for Salaried Employees Utah

[elgabachonaco]

We have been threatened with a cut in our salary based on our company's production goals. For example, if we only hit 70% or our goal, we will only be paid 70% of our salary the following month. Our pay has never been commission-based, and the department that I work in has nothing to do with the goal in question. We have no control over whether that goal is achieved or not.

This is certainly not ethical or motivational, but it is LEGAL to dock my salary without a written agreement?

[Pattymd]

They aren't "docking" your salary. Your pay is being changed to performance-based pay.

Are you a salesperson? If so, Outside or inside? If not, what do you do there? "Salaried" is merely a pay method. The real question is whether you are exempt or nonexempt.

[elgabachonaco]

I am a non-exempt salaried employee (no overtime) and I am not a salesperson. The criteria for the drop in pay is not related to my job function. We are a call center, doing telephone surveys. The criteria for the drop in pay is based on the number of hours worked on the phone floor during a calendar month -- something completely unrelated to my job function or performance.

Can my salary be changed without a written agreement?

[Pattymd]

Yes, it can, unless you have an enforceable contract to the contrary. As long as you receive the notice before working the hours at (what could be) a lower hourly rate, the employer has met their legal obligation.

[ScottB]

Originally Posted by elgabachonaco

I am a non-exempt salaried employee (no overtime)

Do you mean you never work overtime or do you mean you are never paid overtime if you work more than 40 hours in a work week?

The former is fine. The latter is not.