Legal Question in Employment Law in California

pay rate change w/o notification

I was working for a rather large hotel chain for a little over a month when the department that I was hired into was ''temararily'' closed. I was told that I would be working in another department until they found out from corporate if the dept I was workig in would be reopened. I was also told that if the department were to close that I could work in another depertment and that my pay rate could possibly go down, but that someoe would let me know what was going on before any permanent changes were made. I quit the job after hearing that was being placed permanently in a department that I had expressed to both management and HR that I did no t under any circumstances want to work that dept. I went to pick up my final pay check and my pay rate was lowered the last week I was working there and I did not recieve any of my incentive pay that I have earned. Is it legal for them to decrease my pay without notifying me first?


Asked on 4/05/05, 7:55 pm

1 Answer from Attorneys
Tom Walker Law Offices of Thomas C. Walker

Re: pay rate change w/o notification

I think you're asking if they can retroactively change your pay rate and exclude a component of pay. (Excuse me if I mis-understood your facts.)

In short: Nope. I think this employer has violated the California Labor Code. You can bring this to the employer's attention and you can contact your local office of the CA Dept of Labor and Standards Enforcement to discuss the complaint process. You might be entitled to penalties as well - you may want to talk to the DLSE first.

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Answered on 4/13/05, 4:48 pm


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