Does the company I work for have to retro pay me?

UPDATED: Oct 1, 2022

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Does the company I work for have to retro pay me?

I was hired at a company and told my salary would be a specific rate, 9 months later I find out the rate I’ve been paid the entire time is $2.00 less than what I was told. Does the company have to pay me the difference for all of the hours I’ve worked in 9 months?

Asked on November 22, 2017 under Employment Labor Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A pay rate cannot be changed retroactively. This means that such a change can only be made for work to be performed going forward. This assumes of course that the employee did not agree to a pay reduction. The fact is that without such consent or an employment contract or union agreement to the contrary, a pay rate cannot be unilaterally changed after work has already been performed. At this point, you can either file a wage claim with your state's department of labor or filae a claim in small claims court for all amounts owed.

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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