What are my rights regarding my pay rate if I act both a manager and a server?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights regarding my pay rate if I act both a manager and a server?
I am a salaried gm at a restaurant. I had a employee call off at last minute so I waited tables and tended bar that day, as well claimed the tips. Now my employer changed my salary to hourly as manager at a lower wage as well if someone calls off and I have to serve or bar my wage goes down to server wage even though I am both acting manager and server that day.
Asked on August 22, 2016 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Employers may change employee pay (both amount and how paid--i.e. salaried vs. hourly) at will unless specifically prhibited by the terms of a written employment contract. And the law does not prevent an employee from having different pay (amount or structure) for different tasks or rolea. So what you describe, while unusual or uncommon, is legal and your employer may do this.
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 AttorneyPages.com 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.