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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 15068
Experience:  Significant experience in all areas of employment law.
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I was hired as a FT salaried manager in 2006. In 2014 my

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I was hired as a FT salaried manager in 2006. In 2014 my employer unilaterally changed my wages to a pay-per-study status.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: There is only the owner of the clinic and several attorneys have passed on my request,
JA: Are you an "at will" employee? Do you belong to a union?
Customer: No, I'm all by my lonesome.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only if I can get my salary or if I indeed have any case to file suit.

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Unfortunately, employers are free to change pay structure at any time upon notice to the employee. The only restriction is that the new pay structure must comply with the laws governing minimum wage and overtime.

It's not inherently illegal to pay an employee "per study." It's called "piece rate" work and is very common in certain industries. What the law requires is that for each pay period, the total compensation when divided by the total number of hours worked equals or exceeds minimum wage plus any applicable overtime.

If your total wages have been equally less than this, you can file a wage claim with the Department of Labor to recover the different. However, if your wages are equal or more than minimum wage plus applicable overtime for each pay period, I'm afraid you would not typically have any further recourse under the law. Your only recourse is to attempt to negotiate something better, or to leave this employment in favor of better employment somewhere else.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Customer: replied 7 months ago.
Thanks Patrick, That's all I was wanting to know and was so frustrated when no one would tell me "i'm screwed".
Wave a better one

I would hate to put it in those terms, but yes, the "deck is stacked" so to speak, against the employee in these situations. I do wish I could provide better news but I'm glad you appreciate an honest and direct answer.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Patrick, Esq. and other Employment Law Specialists are ready to help you