Legal Question in Employment Law in Texas
I got greencard, My green card application says that once green card is honored my employer is supposed to pay me a prevailing wage as per labor of greencard.
My employer has compensation package where they have base Plus component that they call as an incentive which is based on company performance. They pay part of this company performance incentive component monthly and remaining part they pay at the quarter.
Lets say, the base is 60K/annum and incentive, which is 20% of base hence it is 12000$ per annum. , they pay monthly only 80% of incentive which is 700$/month. so my monthly salary is 5000$+700$ which is 68400$. Quarterly they pay 900$, to max out the incentive of 1000$ per month. Now post the issue of green card they are supposed to pay me Prevailing wage of 72000$, which is monthly minimum of 6000$ that should not include any variable income.
My employer has structured the pay as following
Base :- 5000$ - 60K/annum as is.
Incentive :- 700$ K / month, - 8400$ annually
ODA :- 300$ /Month - 3600$ Annually.
With this they have made the pay :- 60000$ + 8400$ + 3600$ = 72000$
Now I am loosing out as if they make my base to be 72K, than as per policy my variable Incentive will be 20% of 72K.
I expected they will structure like this.
Base - 6000$/Month, - 72000K/Annum
Incentive - 20% (14,400$/Annum) or as is, which is 12K/Annum , 1000$ per month.
Please advise, if my employer is trying to break any labor law . I would like to advise , educate them about the labor laws and ask for correction.
1 Answer from Attorneys
for such complicated facts, you should visit a lawyer..and pay a fee.....we are experienced in these and would be happy to review..BUT we can only advise as to effect of contract. Presumptively the employer is seeking the best deal..not illigal