Legal Question in Employment Law in California
I have been employed at my present job for 5 plus years. I received my paycheck yesturday and was surprised to find that my hourly pay had been cut from $14.15ph to $10.90 ph. There had not been any discussion or warning. Is this even legal? Can they just do whatever they want to do? We are also under union contract with the company, and there have been unsuccessful negociations recently, I do not know whether this action is because of this situation either. There have been no conversation between management and I regarding this matter. I want to know that I have a case, and facts before I approach this matter. Thank you.
2 Answers from Attorneys
Employment relationships are based on contract. An employer agrees to employ the employee at an agreed rate of pay and the employee provides services for that agreed to rate. Unless the terms are agreed to for a fixed period of time, the employer may change the rate of pay, upon notice to the employee. In essence, the employer says to the employee, from this point on, we will agree to pay you $x an hour for your services. The employee can either agree to work at that rate or stop working for that employer. If he or she continues to work, they will be paid at the new rate.
If your employer has unilaterally changed your rate of pay, without telling you, it may have breached its agreement with you for that period of time you were not advised of the change. However, you throw in the fact that there is a union. It is possible the union and the employer may have made a new agreement without your knowledge. Unions represent all of its union members, so it is possible a new contract was agreed to and it would be binding on you. You should check with your union representative to find out what their position is on this, before addressing the issue with your employer.
If you are under a union contract, this is a union issue. Contact your shop steward or union business office.