Is my employer allowed to change my pay from piece pay to hourly if my weekly wage is reduced after 10 years.

UPDATED: Oct 1, 2022

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Is my employer allowed to change my pay from piece pay to hourly if my weekly wage is reduced after 10 years.

My supervisor says that as an at will
company they are allowed to change my
pay to hourly after receiving piece pay
for over 8 years. Hourly will
dramatically reduce my weekly wages and
force driver to work against hos non
driving partner.

Asked on January 3, 2018 under Employment Labor Law, New York


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

Answered 5 years ago | Contributor

Since you have no written employment contract or union agreement, then as an "at will" worker your employer can set the conditions of work much as it sees fit. This includes how to determine the method used to detrmine how your pay rate is computed. That having been said, you must be paid for all work performed prior to this notice at your old rate as such a change cannot be made retroactively; it is only applicable for work that was not yet performed after notice was given.

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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