Can my employer label 40% of the pay that they originally offered me as “extra duty pay” and only list the other 60% as salary?

My new employer sent me my salary information. 60% of the promised amount was in ‘salary’ and 40% was in ‘extra duty pay’ and states it is not guaranteed pay. When I spoke to them on the phone, they said, although it says the 40% isn’t guaranteed, I will get it. When I think of ‘extra duty’ I think of “beyond the normal scope of one’s job”, but they are stating that it is part of my normal pay, even though the contract says “not guaranteed” and I will receive all of it if I complete my ‘normal job duties’ like turning in my lesson plans and showing up to work. Can they do that?

Asked on July 22, 2012 under Employment Labor Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have not started the position that you have written about the compensation package offered you is legal under the laws of states in this country but very ambigous as to how such is written needing greater specificity in my opinion.

I suggest that you consult with your human resources department at work or your immediate supervisor as to the need for greater clarity in the compensation package to be spelled out in a subsequent document dated and signed by your employer for your protection.

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