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Weekly hours increased, hourly wage decreased.... California

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  • Weekly hours increased, hourly wage decreased.... California

    So basically the company I work for just changed over employees to a 50 hour work week, from a 40 hour work week. My hourly wage (although it's now considered a weekly/yearly salary) has gone down, and the only reason I'm receiving more money is because of the 2 extra hours a day worked.

    What's the deal with this? Is it allowed?

  • #2
    I don't understand. Are you exempt or nonexempt? Salaried or hourly?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd
      I don't understand. Are you exempt or nonexempt? Salaried or hourly?

      I was an hourly employee with full benefits. I continue to have full benefits, but my wages are now based on a weekly salary. So based on the weekly salary vs. hours, my previous hourly rate has dropped.

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      • #4
        So basically you are making the same money, but working more hours. So long as you are making at least minimum wage for each hour worked and the equivalent of OT for those over 40, it is legal. Your employer doesn't have to increase your pay though I agree that it stinks that they have not.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Originally posted by ElleMD
          So basically you are making the same money, but working more hours. So long as you are making at least minimum wage for each hour worked and the equivalent of OT for those over 40, it is legal. Your employer doesn't have to increase your pay though I agree that it stinks that they have not.

          I am making LESS money per hour (it went down about $1.75.hour). The only reason my yearly salary went up is because I now have 2 extra hours of NON OVERTIME pay that I'm receiving a day. 100 hours a pay period vs. 80.

          All my insurance and other benefits have stayed in tact. And the kicker is, I actually received a promotion (title change) when this happened. I don't want to make a fuss about this at work, but I wanna know where I stand.

          Comment


          • #6
            There is no law that says you have to be kept at the same rate of pay when your hours are increase. As long as you got notice of the decrease in your base rate of pay before you worked the hours at the lower rate, such decrease is perfectly legal.

            You say you are receiving a "salary". If you don't work 40 hours in the workweek (or don't have paid time off such as vacation or sick time to make up the difference), do you still get paid the full salary amount?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by Pattymd
              There is no law that says you have to be kept at the same rate of pay when your hours are increase. As long as you got notice of the decrease in your base rate of pay before you worked the hours at the lower rate, such decrease is perfectly legal.

              You say you are receiving a "salary". If you don't work 40 hours in the workweek (or don't have paid time off such as vacation or sick time to make up the difference), do you still get paid the full salary amount?


              No. If I used up my "Paid Time Off" that's available and was out , I would not be paid.

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              • #8
                An exempt employee who has used up all his PTO time CAN have his pay docked if he misses an entire day. However, if he works any part of the day he still has to be paid for the entire day.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  An Out?

                  Ca. labor code
                  226. (a) Every employer shall, semimonthly or at the time of each
                  payment of wages, furnish each of his or her employees, either as a
                  detachable part of the check, draft, or voucher paying the employee's
                  wages, or separately when wages are paid by personal check or cash,
                  an accurate itemized statement in writing showing ....
                  ....(9) all applicable hourly rates in effect during the
                  pay period and the corresponding number of hours worked at each
                  hourly rate by the employee.
                  226.3. Any employer who violates subdivision (a) of Section 226
                  shall be subject to a civil penalty in the amount of two hundred
                  fifty dollars ($250) per employee per violation in an initial
                  citation and one thousand dollars ($1,000) per employee for each
                  violation in a subsequent citation, for which the employer fails to
                  provide the employee a wage deduction statement or fails to keep the
                  records required in subdivision (a) of Section 226. ...


                  If OT pay is required after 8hrs (a different rate) and it's not on the stub would the penalty apply? And if the employee worked more hrs would they be working at a lower rate without prior notice? Would this be a possible out for the employees reduction (I imagine it would be a migraine for the employers payroll? ) Or am I just really stretching it?
                  I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

                  Comment

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