Legal Question in Employment Law in Florida

Hourly Pay Reduce Base on Proformance

Can a employer reduce employees pay base on performance? Things that can affect productivity includes improper routing and scheduling by office personal, wrong parts or no part received due to shipping mistakes. Requiring a employee to assist another employee & not receiving credit. Improper processing of job work orders by office personal.

I am consider a hourly employee. I can also receive production bonus base on productivity. The same parameters listed can affect my bonus when mistakes are made by other dept. They do not have any type of program that can affect there salary. Pay can be affect 15% to 50% postive or negative. Management also forcing employees +40hrs wk and after 5 days 40hr work week telling employees they must use a vacation day if refusing to work on a day they are normally not schedule to work. Unethical methods are being us by management. If they see you making large bonus or do not like you they find a way to give you a bad route job etc. Are things I describle legal or illegal?


Asked on 5/28/05, 9:47 pm

1 Answer from Attorneys
Kelly Henderson

Re: Hourly Pay Reduce Base on Proformance

Employers do not have to pay employees by the hour. Employees can be paid by the job or "piece work" as long as at the end of the day t hey receive at least minimum wage. I do not understand your issues about vacation pay. An hourly employee must be paid overtime, time and a half, for all hours worked over 40 hours a week. If you are saying hours worked over 40 hours a week are considered straight vacation pay and are not paid as overtime, that would be a issue you should discuss with an attorney.

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Answered on 5/29/05, 4:03 am


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