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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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Can your employer change your the rate of pay for Holidays,

Resolved Question:

Can your employer change your the rate of pay for Holidays, Trainings, Vacation etc after you have been employed for 9 years?
Submitted: 12 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 12 months ago.

Hello,

Thank you for your question. Unless an employee has a contract for a specific term that locks in rate of pay, or they work under a bargaining agreement that does so, an employer is free to change the terms and conditions of employment, including wage rate. The only restrictions are that the employer cannot reduce wages below minimum wage, they must notify the employee prior to the change, and the employer cannot just target one particular employee for the reduction simply as a means of discriminating against that employee because they are a member of a protected class under employment discrimination laws.

Please let me know if you need any clarification. I would be glad to assist you further if I can.

Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16959
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 12 other Employment Law Specialists are ready to help you
Expert:  Marsha411JD replied 11 months ago.
Hello again Vicki,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 14th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how Experts get credit for their work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.
Customer: replied 11 months ago.

I had my email messed up so I just received the answer. Thank you so much. On my question, so even though I have been employed for 9 years, since they have changed the rate for holidays, vacation etc, I am included? Just seems so shady.

Expert:  Marsha411JD replied 11 months ago.
Hello again and thank you for your reply. Yes, unfortunately, although it isn't necessarily the best management decision, it would be legal assuming that you were given notice prior to the change and you didn't have a contract for a specific term that included rate of pay for those days.
Customer: replied 11 months ago.

Ok, so is the handbook we signed for a legal contract? We signed for a handbook and they are making amends to it. Does that count?

Expert:  Marsha411JD replied 11 months ago.
Hello again Vicki--An employer may always change the handbook. It is not a term contract, so it is always subject to change unless there is a union with a bargaining agreement that restricts when the terms and conditions of employment can be changed. That is just the nature of employment "at will." Again though, if they change any rates of pay, they must notify employees before it becomes effective. In other words, once the work or holiday has passed, the employer cannot change the rate of pay retroactively. They can change it going forward though.

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