can I get paid two different wages if I’ve only signed for a certain wage?

UPDATED: Sep 30, 2022

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can I get paid two different wages if I’ve only signed for a certain wage?

I am currently getting paid a certain wage due to a pay cut. My employer now says
they are only going to pay me for whats on ticket which we have signed. Any hours
after that, for instance, if I haul tools or have any work to do in the shop they
only want to pay me 10 an hour. My normal wage is 22.50 an hour. Thats a 10
pay cut from the original 25 an hour I was making. I just wanna know if this is
legal? And if not what can I do so I dont lose my job or worse.

Asked on March 30, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have an actual written employment contract for a definite time (e.g. a one-year contract) signed by both you and your employer, you can enforce its terms, and the employer would have to pay you any wage in the contract. If not, they may change your wage at will, reduce it in whole or part, pay you different wages for different shifts or work, etc., subject only to having to always pay minimum wage and having to pay overtime (time-and-half) for any work past 40 hours in a week. (If you are paid two different wages, overtime is based on a blended rate: if you earch $30/hour for 20 hours and $10/hour for another 20, then your blended rate is $20/hour so overtime would be calcualted off that.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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