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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1718
Experience:  Practicing Attorney with 10 years experience
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We live in North Dakota, and my husband is a salary paid

Customer Question

We live in North Dakota, and my husband is a salary paid crew leader. He just was told today he is getting a huge pay cut....and going from a salary pd. employee to and hourly, only making a few dollars an hr more then the mean he leads. This all takes place on feb 1st. and he was not asked no going back to a high wage in the future. Is this legal?
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Submitted: 10 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 10 months ago.

I am sorry to hear this. Unfortunately this is legal though unethical. The only prohibitions are if there is an dmployment contract or if they are doing it to discriminate or to retaliate against him. Is there a basis that they would be retaliating or discriminating?

Customer: replied 10 months ago.
I don't know if that is the case...there is a higher up that is questionable on some decisions, but this is suppose to be across the board and effect all the crew leaders as far as going from salary to hourly and the large pay cut. Also current hourly employees are getting pay cuts. He received a mass email that went out saying this was taking place because of a renewal of a contract with the one and only customer this site works for. The existing one does not end until the end of this year. A lot of confusion of all this....also his job duties and position should change now because of going to a hourly, but I don't believe they are. He is taking a 25,000 a year pay cut and yet still has to act as a crew leader supervisor position and also works in a very hazardous and dangerous environment, hence why what use to be a high rate of pay. Also as stated how can he preform his crew leader duties and be taken serious only make 2.50 more an hr. then all the rest of the hourly. I also read myself that his when he was salary, that he might have been misclassified. He had to be preforming certain job duties and responsibilities and such. Other wise he should of been and hourly and being able to collect over time which he worked each week. Something just seems very wrong here.
Expert:  Asad Rahman replied 10 months ago.

Yes I understand but their defense will be the there is an economic reason for the change. It may be worthwhile to discuss the situation with a local employment law attorney. I am sorry I do not have better news for you. I often come across situations where the law seems unfair.