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Salary cut for non-exempt employee California

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  • Salary cut for non-exempt employee California

    I work for a reputed Indian software company and I first came to US for work in the year 2005. Since then I have gone back to india and returned to US couple of times. My status was non-exempt and I used to receive salary at a rate of $34.23/hr until August, 2009. I had to return to India in July, 2009 and I came back to US again in the month of November, 2009 . However my status was changed to exempt by mistake by my employer on Oct 2009. I was expecting a hike of atleast 3% (considering I was among the top performers) to my salary in Oct 2009, when my company announced hikes to its employees. Instead I have been receving salary 5-6% less than what I have been receiving earlier in 2009 (Nov 2009 - April 2010). Now in April 2010 when my status changed to non-exempt again, my billing rate shows $32.40/hr which is even lesser. However my peers who had the same salary as mine in July 2009, now receives salary which is almost 10% more than what I do now. This is inspite of me being in the same performance band (which determines salary in my company). When I asked for an explanation to my HR, they said all the hikes that I got over the past years due to my high performance have been nullified after I came back to US.

    I want to know from a legal standpoint if I am in the same job and doing the same work, can my salary be reduced to any amount without any explanation? Thanks

  • #2
    Unless you have an enforceable contract that mandates what you may be paid, yes they can.
    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
      Are you an H1B visa holder by chance?

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