Legal Question in Employment Law in California
In January of 2009 my employer placed a 10% pay cut on all employees. How long can my employer legally place this pay cut on us? They did notify us prior to the pay cut, but it stated "temporary" It's been a year and a half and I'm curious if this is legal? Why haven't they advised us of a "permanet" pay cut if it's been well over a year? Help!
2 Answers from Attorneys
As long as it does not violate minimum wage law, your employer can pay you whatever you will take and keep working for as long as you will take it.
A fuller explanation:
The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the minimum wage laws, and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.