Is an employer allowed to pay less than normal pay rate for outside mandatory events?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption