can an employer change your rate of pay for hours already worked.

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can an employer change your rate of pay for hours already worked.

A day labor place has recently advised me that they were unable to pay me for my labor that day as someone had complained I made more then them on the same job. Now they are adjusting my rate of pay for the entire week including overtime that I worked. I had only agreed to work this job due to the rate of pay they offered. Can they legally do this in Colorado?

Asked on December 21, 2016 under Employment Labor Law, Colorado

Answers:

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

Answered 4 years ago | Contributor

No, an employer cannot change a rate of pay for hours already worked. A wage rate can be changed going forward, that is for future hours to be worked. However, it cannot change someone's compensation for time they have already worked. In other words, an employee's pay cannot be reduced retroactively. If your employer won't give you your correct pay you can file a wage claim with your state's department of labor and/or file a lawsuit in small claims court (assuming what is owed you will cover your expenses in doing so, plus your time).


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