Is an employer allowed to pay less than normal pay rate for outside mandatory events?
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Is an employer allowed to pay less than normal pay rate for outside mandatory events?
I work at a private preschool where there owner is now making all events outside of normal work week hours, mandatory and wants to pay evenyone less to be at those events. The teachers and aids would be paid the same base price because according to the owner, “everyone is doing the same work and these are considered more fun events”. I want to know if this is legal? For a teacher like me, I’m loosing $5.50 off my normal hourly pay rate which is $15.50.
Asked on February 17, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An employer can pay different rates for different job duties. That is so long as minimum wage laws are complied with regarding non-exempt employees. However, to the extent these outside duties put an employee over 40 hours in their work week (or, in CA, more than 8 hours in their work day), then they are eligible for OT. The fact is that most employment is what is known as "at will" which means that an employer can set the terms and conditions of the workplace much as it sees fit or deems necesary. The is true so long as such action does not violate any applicable union agreement or employment contract. Also, such treatment must not constiute some form of legally actionable discrimination.
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