Legal Question in Business Law in New Hampshire

Company wide revoking of pay raises

Last year the company I worked for constituted a new corporate wide once a year review/raise system. This year (September) all raises went into effect. Everyone had received 3 weeks worth. This week, the company performed a reduction in work force due to recent events etc. They also proceeded to take back the raises that everyone had received for the last three weeks.

NOTE: Corporate headquarters are based in Massechusets.


Asked on 10/10/01, 8:58 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Company wide revoking of pay raises

The question was posted as a joint CA-NH question and as I am a California lawyer this answer applies only if the employee(s) in question are earning the questioned wages for work in California.

The general rule is that if the pay rate is $20 an hour when the work is done, you have to be paid $20. In other words, the rate of pay cannot be reduced for services already performed between the time the worker does the work and the time the paycheck is cut.

On the other hand, absent a union agreement or some other kind of employment contract, the employer is free to reduce pay for future work, subject to certain limitations such as the minimum wage laws and other laws and regulations applicable to particular industries, occupations or classes of employee.

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Answered on 11/22/01, 2:15 am


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