Can my employer change my pay rate without notice?

UPDATED: May 30, 2012

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Can my employer change my pay rate without notice?

I discovered missing hours in the past months. Are they required to pay me for those hours?

Asked on May 30, 2012 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your employer may change your pay rate without prior notice on a going forward or prospective basis only; that means, from the moment they give you notice of the change, it is in effect. However, such changes may not be made retroactively--you have to be paid your then-in-effect rate until you are told of the new rate.

You also must be paid for all hours worked, if you are an hourly employee, and for overtime as applicable (e.g. if you worked more than 40 hours in a week)--that's the law (e.g. the Fair Labor  Standards Act and the regulations implementing it).

If you think you were shorted hours or shorted on your rate, you should consult with an employment law attorney about suing, and/or contact your state department of labor to file a complaint.

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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