What is the law regarding an employee’s wage reduction?

After 5 years on the job, I walked out yesterday due to the lack of professionalism in the workplace. I was making 17.00 hours. I submitted my timecard for time already worked and when I logged on to see my paycheck, I saw that he deducted my pay to $8.10 hour. Is this legal?

Asked on October 18, 2017 under Employment Labor Law, Florida

Answers:

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

Answered 3 years ago | Contributor

The fact is that an employee is entitled to be paid for all time worked at to be paid at the regular rate of pay for all worked completed. Therefore, unless your employer had the right to make certain paycheck deductions with your written consent, then no this was not legal. Further, if your employer wanted to reduce your pay rate, then he would have had to have told you this in advance. In other words, a rate reduction cannot be made retoactively. At this point, you can either sue your employer in small claims court (if you rhink it is worth your time and trouble) or you can file a wage claim with your state's department of labor.

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

Answered 3 years ago | Contributor

The fact is that an employee is entitled to be paid for all time worked at to be paid at the regular rate of pay for all worked completed. Therefore, unless your employer had the right to make certain paycheck deductions with your written consent, then no this was not legal. Further, if your employer wanted to reduce your pay rate, then he would have had to have told you this in advance. In other words, a rate reduction cannot be made retoactively. At this point, you can either sue your employer in small claims court (if you rhink it is worth your time and trouble) or you can file a wage claim with your state's department of labor.


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