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came back from a week of vac. and had a different position and less pay? Missouri

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  • came back from a week of vac. and had a different position and less pay? Missouri

    so here is my story, not sure what to think.
    to make it short, i work in a corporate owned daycare/ preschool. i started as an assistant teacher and eventually moved up to a lead preschool teacher. about 2 months into this position i went on my scheduled week's vacation. when i came back, i was told i was going to be in my old room as an assistant for the day because we were low on students. i agreed thinking nothing of it, but as the week went on they told me this everyday. on tuesday the other assistant was working in my preschool room. apparently i had been moved back to the assistant teacher position... and no one had the heart to tell me? i had to ask what was going on...and they told me they found someone who would be better at the job...oh and that my pay would be decreased since i was not a lead teacher anymore.

    i had NO warning of this, and it is difficult to take a wage decrease without warning. i looked it up but i am still confused. is there any action i can take???

  • #2
    Q. Can an employer reduce the wages of their employees?
    A. An employer can reduce an employee's wages without violating any law. However, an employer subject to the Missouri minimum wage Law or the Federal Fair Labor Standards Act (FLSA), may not reduce an employee's wages below the federal minimum or state minimum wage (whichever is higher). Missouri law requires employers to give a 30-day written notice of reduction of wages (See RSMo Chapter 290.100). No state agency enforces this law. Recovery of wages under this statute would have to be accomplished by private legal action.
    http://www.dolir.mo.gov/ls/faq/faq_general.htm

    Do you have an employment contract?
    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
      i do not have a contract....and i had read what u posted earlier today and the part where it says "no state agencies enforce this" threw me off...should i do something or not?

      Comment


      • #4
        i also read this.....????????? 290.100. Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this state, and desiring to reduce the wages of its employees, or any of them, shall give to the employees to be affected thereby thirty days' notice thereof. Such notice may be given by posting a written or printed handbill, specifying the class of employees whose wages are to be reduced and the amount of the reduction, in a conspicuous place in or about the shops, station, office, depot or other place where said employees may be at work, or by mailing each employee a copy of said notice or handbill, and such company or corporation violating any of the provisions of this section shall forfeit and pay each party affected thereby the sum of fifty dollars, to be recovered by civil action in the name of the injured party, with costs, before any court of competent jurisdiction.

        Comment


        • #5
          Up to you. Your monetary amount would be limited to the difference between your old salary and your new salary until 30 days' notification period has been met. I don't know if other damages, such as punitive, would apply. If you don't want to have to pay an attorney, you could file a small claims action, but I don't think you can include punitive damages in small claims.

          OTOH, you do have some obligation to try to mitigate the damage. Maybe the employer just doesn't know about this requirement.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            thanks so much for your advice today-- im new to the site.

            we are not talking a huge amount of money or anything (i work in a preschool... nice and underpaid ) and also it has been awhile since the incident. there is just talk of them doing something similar, again. i also got my class e drivers liscense to transport before and after kids to and from school. i took a position in the infant room now where they always need me because of ratio and dont want me to leave the room to drive the bus. they are hiring someone new with the same liscense. if i am not driving the bus, they will take away the raise that you get for driving it. if this happens twice, i will be pretty upset and i would like to do something about it, but i am young and i dont know much about all this...and im not usually taken seriously when i am mad about something. i have been with this company only 1 1/2 years.

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            • #7
              It has been my experience that many small employers honestly do not realize all the ins and outs of the law and that many violations or illegal policies are not the result of malice, but of sheer ignorance. This is true particularly in cases of state law violations that do not violate Federal law, and it is even more likely to be the case if the employer had previously worked in another state.

              Most states do not have any requirement of a particular notice period for a wage decrease. Although Missouri is not unique, it is definitely in the minority. Off the top of my head, I can only think of two other states with such a regulation. There may be more but if so, I haven't run across them.

              My suggestion would be to bring the state statute, politely, to the employer's attention and see what they say. You can always take legal action later.
              Last edited by cbg; 02-21-2008, 07:48 AM.
              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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              • #8
                Originally posted by cbg View Post
                My suggestion would be to bring the state statute, politely, to the employer's attention and see what they say. You can always take legal action later.

                I plan to do this once i have everything together...I have learned quite a bit today. I didn't want to bring it up until i know everything about it! thanks

                Comment

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