Legal Question in Employment Law in California
Wage based on performance
I started my job as a telemarketer at $10/hr in July. Then I was promoted to manager in Sept. to $12/hr. Starting in January my boss implemented a rule that if managers don't make hours then their pay is decreased to $10. In addition, in Feb. he began a quota system, where the top team gains an extra $1 and the bottom loses a $1. If managers don't make hours and come out at the bottom team then they make the same as their reg. employees, $9. My first question would be is that legal to bump my wage down $3?
Recently, my available hours for my team have been increased from 160 to 400 hrs each pay period (2 wks)and a quota from 8 to 20, without a proportional increase in employees, therefore, there aren't enough employees to satisfy those hours (nor office space) thus, the new quota hasn't been met. All employees are college students therefore their schedules are set and cannot acquire more hours. The other day, I had two of my employees sitting next to me because there weren't available desks and one went home. They have given me 3 weeks to acquire emp. for the increase of hours before they start penalizing me. I want to know if that is legal? What can i do since there is no written contract either way?
3 Answers from Attorneys
Re: Wage based on performance
As a general rule, an employer can change your pay, either up or down, but can only do so with advance notice. An employer cannot lower your pay AFTER you have put in the hours. If the employer states it will lower your pay in the future and you continue to work, you have implicitly accepted the employer's new offer.
Based upon your question, it would appear that there may be some issues regarding how you are paid. You should consider a consultation with an employee rights attorney in your area to provide specific evaluation of your situation.
Re: Wage based on performance
If you are working overtime and not getting paid appropriately, that may form the basis for a class action. Also, if you are being denied meal breaks or rest breaks, that may also form the basis of a class action.
Check out my website at http://www.tgm-law.com and contact me if I can be of further assistance.
Re: Wage based on performance
I would consider there to be an issue of whether or not you are a commission or piece meal compensated employee considering the fact that your employer adds or subtracts wages depending on performance. If you are working overtime, this may have an impact on your wages. I would need more information to determine the issues.
Scott Miller, California Wage Law Attorney
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