If I am a salaried employee and work on a 4 day a week contract but they chose to schedule only 3 days a week, can they take a day’s wage out of my pay?

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If I am a salaried employee and work on a 4 day a week contract but they chose to schedule only 3 days a week, can they take a day’s wage out of my pay?

Asked on June 26, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, as a general matter, they may take a day's salary away. A salaried employee may not have his or her pay reduced for missing hours or part-days of work, but if he or she works whole days less, the employer may reduce his or pay commensurately. Also, as a general matter, an employer could reduce your salary, change your hours, shifts, job description, etc. at will , which means it just re-define you as 3-day-per-week employee earning, for example, 75% as much as previously.

However, if you in fact had a written employment contract, you may enforce its terms, and the employer may not reduce your pay in violation of it.


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