Legal Question in Employment Law in Alabama
Wage Decrease in Business
What is the legality of decreasing hourly wages based on selling cost when you were hired at a set hourly wage and no mention of wage decrease was made when your hourly wage was set? I work in a retail business and was given an hourly rate based on selling and training. Now my company wants us to sign a paper saying that our wages will be decreased every 60 days based on our selling cost. Due to my training, my hourly wage is high; therefore my selling cost is high. When I was hired, the store manager acknowledged that this would happen and would not be a problem. That manager has gone to another company. I do not plan to sign the paper, but want to know where I stand legally. Thank you.
1 Answer from Attorneys
Re: Wage Decrease in Business
Unfortunately under Alabama law you have very little rights with respect to your employment. You may have a simple breach of contract claim, but unfortunately the damages are so small as to not make them worth pursuing. At least not with a lawyer as attorney fees are not awarded in a breach of contract case. However, if the wages decrease below minimum wage than you do have a federal law violation and that federal law does indeed provide for attorney fees. Minimum wage is $5.15/hour. If they are paying you less than that, I would be interested in talking to you further.
Sincerely,
Sterling L. DeRamus
Attorney at Law
2015 First Avenue North
Birmingham, Alabama 35203
205-458-1100