If our store recently demoted several positions2 pay grades below cashiers, are we required now to do a cashier’s job without a cashier’s pay?

UPDATED: Oct 11, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 11, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If our store recently demoted several positions2 pay grades below cashiers, are we required now to do a cashier’s job without a cashier’s pay?

I work for a national retail chain. Some of the positions areas have cash registers. Now they have lowered our positions grades and our grade caps. Some folks are under the assumption because they are now over the cap they have to pay back money earned under the old pay grade. Is this possible?

Asked on October 11, 2011 under Employment Labor Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) If there is no--

* contract to the contrary, defining jobs, positions, pay, etc.

* no discrimination against a race, sex, religion, the diabled, or those over 40 years in age

* no retaliation for having used a protected benefit (e.g. FMLA leave) or filing a protect claim (e.g. for overtime)

--then the company gets to define job duties and job pay; it also can demote, transfer, suspend, fire, etc. employees at will. So unless one of the things above, next to the asteriks, applies, the company can make you a cashier's job without a cashier's pay. (If you do have a contract, it is enforceable as to jobs, titles, duties, pay.)

2) While a company can usually demote people at will, or reduce their salaries or wages, that is not retroactive; they don't need to give back money earned while they were at a higher rate of pay.

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 lock Secured with SHA-256 Encryption