Can an employer reduce your pay without informing you?

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Can an employer reduce your pay without informing you?

Can an employer suddenly reduce your pay without informing you of the reduction? As in, you were never informed of anything and then just notice a reduction has been made on your paycheck.

Asked on December 6, 2011 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Going forward, the employer may reduce you pay at will, so long as--

1) There is no employment contract to the contrary;

2) The reduction is not discrimination against you on the basis of race, religion, age over 40, disability, or sex. (That's under federal law; some states add a few more categories, like sexual orientation.)

3) The reduction is not retaliation for making a protected claim, such as for FMLA leave, overtime, or that you were discriminated against.

Apart from the above, from when you were notified of the reduction onward or forward, your pay may be reduced.

However, reductions may not be retroactive; until you are notified of the reduction or change, you have to paid at your then-in-force salary, rate, or wage.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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