What are my rights regarding my pay rate if I act both a manager and a server?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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