Legal Question in Personal Injury in Pennsylvania

can my employer decrease my pay if I'm paid hourly?
I am a nurse working in a nsg. home FT and 80hrs bi wkly. My schedule is 40hrs every f/sat/sun. which I was paid overtime. They followed the 8 and 80 rule. Now they've decided that they are going to follow the 40hr a week rule and I now work 16hrs in a day with no overtime. I have worked this schedule for this company for 13yrs. They gave a flat rate and now pay that for all hours worked. That is fine for everyone else..they are scheduled 8hr or12 hrs. I am the only one who's actual pay is being decreased significantly. My director of nursing stated Iwas overpaid and they could possibly sue me for back pay. Meaning the hours they paid me overtime that I actually worked..My hours in question were 8 regular hours and 32hours of overtime for the 3 days I worked. Fri 11p-7am, Sat 3pm-11pm &11pm-7am, Sun 3pm-11pm&11pm-7am Monday. The flat rate they gave me for all time worked is at least 250$ less each pay. No other nurse is having her income reduced. All others pay is either restructerd to match what they were receiving before. But no other nurse has a work schedule of 16hrs in a day. If my employer singles me out can this be considederd discrimintation? There is only one other nurse who is black and she is a new employee.

Asked on 1/22/09, 12:11 pm

2 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

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Re: can my employer decrease my pay if I'm paid hourly?

from the facts you state it is possible that you may have a claim under either the PHRC or EEOC the first is the state law the second federal. this may be based upon discrimination for race. Your potential claim however would need to be evaluated further and so I advise you to contact an attorney for a consultation. It is unclear from your facts why you had the original schedule of 8 hours regular and 32 hours of overtime. Also if you have a potential claim there are time periods that must be strictly adhered to.

Answered on 1/22/09, 12:24 pm

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