can my employer lower my hourly pay due to being injured at home and now the dr. put me on light duty so im unable to perform my reguar duty

Went from housekeeping to light duty working front desk now my employer says my pay will go down to 10.50 an hour when I was getting 11.00 dollars an hour

Asked on October 14, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An employee must be paid the rate that is assigned to the job that they are doing. Therefore, if you are working the front desk now, then it is perfectly permissable and correct that you be paid the front desk rate. This is true even if the reason for the change in your work duties are due to an injury. Unless, under the circumstances, you have been guaranteed a different rate in either a written employment contract or union agreemnt, nothing requires that your employer keep you at the housekeeping rate when you are not performing housekeeping work.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if you now working the front desk, you can be paid at the front desk rate, even if the reason for the change in duties is an injury. Nothing requires your employer to keep you at the housekeeping rate when you are not performing housekeeping work.


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