Is it legal for my employer to change the terms of my contract without notifying me?

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Is it legal for my employer to change the terms of my contract without notifying me?

I am a W2 employee of a IT contracting agency. I have been working on-site with the agency’s client. For the first I was paid overtime rates at time and a half or double time. As of about 3 1/2 months ago I no longer receive overtime rates. I was not notified and I never agreed to this change. I make over 100k a year and now my rate is the same for overtime. The agency said that they were supposed to have notified my verbally before the change went into effect. I replied that I do not agree with the change.

Asked on January 16, 2012 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your employer has changed the terms of a written contract with out discussion with you then he is in violation of the agreement.  One can not change a contract "unilaterally" - by yourself - and with out the agreement of the other party that signed the contract.  He seems to be breaching the agreement and probably violating the over time law in your state.  Get help.  Good luck.


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