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I have been working at Dunkin Donuts for 3 years. I was

Customer Question
originally a baker and I...
I have been working at Dunkin Donuts for 3 years. I was originally a baker and I was making 10:15 hour. They asked me to become the night shift leader and I accepted. After about a month of Being the night shift leader they cut my pay down to $10 an hour without my knowledge. Is that allowed?
Submitted: 1 year ago.Category: Employment Law
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10/20/2016
Employment Lawyer: KJL LAW, Lawyer replied 1 year ago
KJL LAW
KJL LAW, Lawyer
Category: Employment Law
Satisfied Customers: 1,686
Experience: Attorney at law Office of KJLLAW
Verified

Good morning. Do you sign a contract?

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Customer reply replied 1 year ago
No
Employment Lawyer: KJL LAW, Lawyer replied 1 year ago

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

A little background, The federal Fair Labor Standards Act (FLSA) requires that a minimum wage be paid for all hours an employee is “suffered or permitted” to work and that an overtime wage be paid for all hours “worked” over 40 in a week. The FLSA does not specifically define “hours worked” or place a limit on the number of hours an employee may work; it requires only that overtime be paid for any hours worked over 40.

That said, Connecticut’s current minimum wage rate is $9.60, and you cannot be paid below that minimum. ​Also, Connecticut labor laws require that you be paid overtime at a rate of 1½ time their regular rate when you work more than 40 hours in a workweek.

Regarding your decrease in the hourly wage, now since you did not have a contract with Dunkin Donuts, then under Connecticut law, they can decrease you hourly wage, provided that you are given written notice. There is not time stated in the law for the notice, it just requires that they give writing prior to the decrease. This is found in Conn. Stat. 31-71f.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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Customer reply replied 1 year ago
even though I got a "new position" that still needs written notice about a pretty pay decrease? When I asked them they said it was completely legal for that reason.
Employment Lawyer: KJL LAW, Lawyer replied 1 year ago

yes. They only exception is if there was a contract that detailed the terms of your pay and any increases and decreases during the contract term.

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Employment Lawyer: KJL LAW, Lawyer replied 1 year ago

It would be legal even if you did not get the new position, unless the decrease went below the state minimum wage level.

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Customer reply replied 1 year ago
What would you recommend that I do in order to get my old pay back?
Employment Lawyer: KJL LAW, Lawyer replied 1 year ago

Legally you cannot force them to go back to the old pay. You can approach them and ask that you be paid the same rate as before the promotion because the new job is more work, and you have more responsibilities as a shift supervisor. Also explain how you are a valuable employee and point out the how you are contributing to the company by being a good shift supervisor,and based upon that you should be awarded your old wage.

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Employment Lawyer: KJL LAW, Lawyer replied 1 year ago

If you have any other questions, just ask.

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Employment Lawyer: KJL LAW, Lawyer replied 1 year ago

If you have any other questions, just ask.

Ask Your Own Employment Law Question
Employment Lawyer: KJL LAW, Lawyer replied 1 year ago
If you have any other questions just ask
Ask Your Own Employment Law Question
Employment Lawyer: KJL LAW, Lawyer replied 1 year ago
If you have any other questions just ask.
Ask Your Own Employment Law Question
Employment Lawyer: KJL LAW, Lawyer replied 1 year ago

If you have any other questions just ask.

Ask Your Own Employment Law Question
Employment Lawyer: KJL LAW, Lawyer replied 1 year ago

If you have any other questions just ask.

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KJL LAW
KJL LAW
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