Did you employer reduce your hours at work without giving you a reason? Was your pay reduced, or the bonus structure was eliminated at work for you but not for others?
This is a devastating blow for many workers that are put in a tough position. From how to pay your bills to whether you family will have the things they need, the stress of having your hours or salary reduced at work is something no one wants to experience.
If you are facing this dilemma, you may have questions about whether your employer’s decision is legal. Unfortunately, employers generally have the right to cut an employee’s pay rate or hours because California is an at-will employment state. However, the employer is prohibited from taking adverse employment actions that are based on discrimination or retaliation.
In addition, your employer cannot pay you below minimum wage, nor can they make the pay cut retroactive (on wages you already earned). If your employer is committing either of these violations, it is a form of wage theft under California law.
As someone whose employment rights were violated, you may have grounds to file a lawsuit against your employer. To speak with a lawyer that can help with employment rights violations, contact the offices of California Labor Law Employment Attorneys Group.
Do I have a Case if I Wasn’t Given Notice about the Pay Cut?
Though employers can cut your wages, you must be informed of the reduced hours in advance. This way, you have the opportunity to decide if you want to keep your current position. The exact amount of time is not specified, but a “reasonable” notice must be given.
If your wages have been cut recently, you may wonder, “Can I sue for that?” Even though wage decreases are legal, employers must be in compliance with state laws concerning any changes to an employee’s wages. Employers who believe that their rights were violated should seek help from a labor law attorney.
Violation of an Employment Contract
If you signed an employment contract, there may be terms that protect you from pay and hours cuts during your contracted period of time with the employer. The contract may also contain requirements for how much notice must be given prior to announcing a demotion, reduced salary, or schedule changes. If the terms of the contract were violated by your employer, you may have grounds to file a claim for breach of contract.
Some workers are under a collective bargaining agreement, more commonly known as a union contract. In this situation, the employer must negotiate any pay cuts with the union representative, unless the agreement allows the employer to do this on their own. Companies typically have an internal process to settle disputes over wages and hours, but if the problem can’t be solved by these measures, the affected workers can file a breach of contract claim.
What if My Job Reduced My Pay out of Discrimination or Retaliation?
The laws in California, as well as federal statutes, make it illegal for employers to engage in adverse employment actions that are based on discrimination. Furthermore, employers are forbidden from cutting hours and wages as an act of retaliation.
Sadly, many employers look for ways to punish workers for engaging in protected activities, like asking for medical leave, seeking disability accommodations, and filing a sexual harassment complaint. Perhaps you are in a situation at work that makes you wonder, “Is that discrimination? Should I talk to a lawyer that can assist me with a workplace retaliation lawsuit?”
Our legal team can verify the validity of your claim and help you formulate a plan of action. Reach out to us today and schedule a free case evaluation.
Employers Cannot Pay You Less than Minimum Wage
It is illegal for employers in California to pay below the state minimum wage. They must also pay overtime hours at the rate of time and a half or double pay, as required by the California Labor Code. Thus, your employer cannot reduce your wages to the point where you are paid less than California’s minimum wage, which is $16.00 per hour as of 2024.
How Much Advance Does an Employer Need to Give?
California laws do not have a specific amount of time that must be given as notice in the event there are changes to an employee’s hours or wages. But it can be inferred that workers should be given notice of at least 1 pay period. However, it’s strongly recommended that employers provide at least 30 days’ notice, considering the impact on people’s lives when their hours at work are reduced.
If your hours and rate of pay at work was cut suddenly with little to no notice, your employer may be in violation of California’s advance notice laws. For advice and guidance from a wage and hour attorney, give us a call 24 hours a day, 7 days a week.
Learn about Your Rights and Legal Options
Employment laws are incredibly detailed and confusing, and as a result, many people are unaware of what they can do to protect themselves when there is a labor violation. Speaking with a California employment lawyer will help you understand your rights and how you can move forward when your work hours and wages have been cut without sufficient notice.
Our law firm operates on contingency, and there is no need to worry about paying us out of pocket. As a condition of winning your, the party you are suing covers the cost of legal services. In the event we fail to recover your damages, the Zero Fee Guarantee ensures that you owe us $0.
We look forward to representing your interests and obtaining justice on your behalf. Contact our office at your opportunity and schedule a free consultation.
