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Many senior drivers myself included are payed a per day dollar rate. The company, in response to employees complaining about additional work, wants to change everyone to an hourly rate of pay which will be less than the average hourly breakdown of the day rate.

Asked on July 28, 2017 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

Does this action violate the terms of an employment contract or collctive bargaining agreement? Does it constitue some form of legally actionable discrimination (i.e. wasit based on your age, race, religion, diability, national origin, etc.)? If not, then as an "at will" worker your employer was free to change your method and rate of pay. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can do this; how to pay employees (hourly, day rate, by mileage, salaried, etc.) and how much to pay employees is 100% up to the employer: they can change it, even if it reduces employee compensation, at will, unless you have a written employment contract guarantying your pay (if you do, the employer must follow it).


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