Can my employer reduce my pay because I have not met a specific amount of overtime on a weekly basis, althoughI always meet at least 40 hours per week?

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Can my employer reduce my pay because I have not met a specific amount of overtime on a weekly basis, althoughI always meet at least 40 hours per week?

Asked on August 17, 2011 Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Retroactively, no, unless there was an employment agreement stating that you pay would be reduced if you did not meet certain targets. If there was such an agreement, it is enforceable; if there was not, then you need to be paid, for work done to date, under whatever the then-existing arrangement was.

Going forward however--i.e. from the point or time of the announcment of the change on--the company can reduce your salary if they are disappointed in you, unless in doing so they are either violating some employment (or union) agreement or discriminating against you on the basis of race, sex, religion, age over 40, disability, etc. Other than that, though, a company is free to set salary/wages, so they can lower your pay if they want to.


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