Legal Question in Employment Law in Colorado

Loss of hourly wage

I have been working for my employer for appox 10 years. During that time I have been asked to do various details of work in the restaurant. Besides waiting on tables, I have taken on shifts as host, bartender, and trainer. In doing so, my wage was raised from the $2.13/hr to $10.00/hr on my shifts that were not waiter only shifts. My prior pay stubs are proof of this fact. When a change in management came in, that rate was lowered to $9.00/hr; without my knowledge. I did not find this out right away until I did some research from a newer pay stub and realized the lower rate. Upon asking about the drop in my hourly rate, I was told that there was ''no paperwork about it and the computers were a mess''. I still have not signed anything agreeing to the new rate.

Is any of this legal?

Thank you for your time.


Asked on 7/21/01, 3:15 pm

1 Answer from Attorneys
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: Loss of hourly wage

Changing your hourly wage without notifying you is probably NOT legal. Moreover, if they are saying that the whole thing was the result of a mistake, then they are making a separate representation to you that may constitute a contract, if you rely on that representation, for example by staying in the job waiting for them to correct their error. Your Colorado Department of Labor would have enforcement authority over the wage issue. The contract may be separately enforceable in Colorado state court.

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Answered on 7/23/01, 12:34 pm


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