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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19018
Experience:  Employment/Labor Law Litigation
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WE are converting from bimonthly to biweekly pay. The accrural

Customer Question

WE are converting from bimonthly to biweekly pay. The accrural is determined based on a calendar year Jan 1 - December 31. This conversion takes place beginning May 1st. The calculations demonstrate a loss in gross pay/hourly rate/gross pay. Is that legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Yes, it is legal on the facts that you've outlined. You'd need some additional facts for it to become not legal. In employment law, unless you have a contract of employment that states that your terms of employment cannot be altered without your consent, those terms are called "at will" and can legally be altered at any time. While this will be a minimal reduction, it is still legal in an "at will" environment. The employer could even dramatically cut everyone's pay and that would also be legal, provided you were notified before you worked for the reduced amount. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Customer: replied 1 year ago.
We are State employees some are at will, most are non-exempt and exempt...
Expert:  Allen M., Esq. replied 1 year ago.
Those that are "at will" have no recourse. Those that are protected state employees, this then becomes a matter of "due process" and all you can do is file a grievance. The change in pay systems is fairly common, but with those that are actually protected state employees, you have the ability to allege a deprivation without due process if they won't hear a grievance. Again though, external law doesn't assist you here. Your rights are entirely controlled by any collective bargaining agreement you have, and by the terms of your state's grievance process.