How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

Top Questions about Hourly Wages

The Fair Labor Standards Act (FLSA) lays out the federal minimum wage provision. It is administered and enforced by the U.S. Department of Labor (DoL) Employment Standards Administration's Wage and Hour Division. Wages are to be paid on the regular payday for the pay period covered. Deductions for any reason that reduces the amount of overtime pay due or wages of the employees below the minimum rate set by the FLSA is illegal. Often, changes in job profiles or company policies lead to reduction in pay, giving rise to disgruntled employees. However, understanding provisions of the FLSA would help both employer and employees. Below are some of the top questions on the subject answered by Legal Experts.

What is federal law regarding reduction of hourly wages.

The FLSA is the federal law requiring employees to be paid for the time worked. While it does not set a minimum period, it states that employers must pay on specific intervals whether these are weekly, fortnightly, monthly, etc. If wages are delayed willfully, employers may be liable for damages and interest.

In the absent of a written contract, the employee may reduce wages of an employee. However, under the FLSA and the Wages Act, an employer may not reduce the wages of an employee without sufficient notice and must do so before the employee works any hours at that wage. Failing to give notice may attract a claim with the state DoL’s Wage and Hour Division for additional wages due.

Company has started reducing hourly wages for some employees without changing their job status or work requirements. Is this legal in Alabama?

That would depend on whether you have a contract with your employer specifying your wages and that it cannot be changed unless under particular circumstances. If your employer is violating such a contract, you may file a claim with the DoL’s Wage and Hour Division. However, in the absence of a contract, the employer may reduce your wages at will as long as it meets the minimum wage requirements.

If you feel that your employer is reducing wages by discriminating against certain employees based on their race, age, disability or membership to a protected class, etc., it is unlawful and you may file a claim.

My hourly wages has been cut stating “performance related issue”. Is that legal?

If you work in an “at-will” state, employers have the legal right to reduce employee’s wages at their discretion. In reducing the pay, the employer is not obliged to correspondingly reduce the duties of the employee. However, any reduction must not be lower than the minimum wage and overtime regulations set by the FLSA. Also, the employer must adhere to any contractual obligations or company policies. Reduction of wages based on illegal discrimination too would attract liability.

In South Carolina, can employees working on hourly wages ask to be put on the clock for when they are travelling on work? Also, if there is such a violation, can one claim retrospective hours?

Under the FLSA, an employer must compensate for employment on out of time assignments and job sites. The employer may only deduct the time it normally takes you to travel from your home to the workplace when sending you on an out of town job site. Non-profits are not exempt from payment of wages to employees and must pay for all hours.

If the employer does not comply with the FLSA, you may file a claim with the US Department of Labor's Wage and Hour Division. They will investigate the record of past three years and award you those wages as damages. You cannot be fired for filing such a claim as it would give rise to a separate suit of retaliation which is prohibited by law. You may win this whether or not the wage claim is decided in your favor.

In NY, can an employee working on hourly wages seek double pay if she is called back on the next shift without the mandatory eight-hour lapse?

You may not be able to claim double pay. However, depending on your wage, you may invoke the provision of one hour extra of minimum wage pay under certain circumstances. You may be entitled to this extra pay at the New York State Minimum Wage hourly wage rate if your shift lasts more than 10 hours, or they are split.

Is an employer required to give notice prior to reducing hourly wages in California?

Employers in California are obliged to pay as per the contractual agreement and may not reduce the pay without discussing the same with the employee. While it may be advisable to hire an attorney to file a claim, the attorney’s fees to fight the claim may exceed the wage reduction in your case.

Several states have minimum wage laws. However, employers are subject to both federal and state laws. An employee will be awarded the higher of the two minimum wages in case he/she files a claim under the FLSA. Under specific circumstances, certain minimum wage exceptions are applied to full-time students and student-learners, tipped employees, those under 20 years in the first 90 consecutive days of employment and workers with disabilities. Get in touch with Legal Experts to know more about the FLSA and your rights therein.
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21124
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21124
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18367
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8473
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3829
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3291
    DVM, Emergency Veterinarian, BS (Physiology)