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Can an Employer Change Your Pay Rate

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  • 01-25-2017, 03:40 PM
    mechanicswife89
    Can an Employer Change Your Pay Rate
    My question involves labor and employment law for the state of: new york

    my husband works at a dealership. one of his coworkers who details the cars was informed that he had to go from hourly to flat rate pay. can he be made to change his pay like that or does he have any rights?
  • 01-25-2017, 04:48 PM
    adjusterjack
    Re: Can an Employer Change Your Pay Rate
    Quote:

    Quoting mechanicswife89
    View Post
    My question involves labor and employment law for the state of: new york

    my husband works at a dealership. one of his coworkers who details the cars was informed that he had to go from hourly to flat rate pay. can he be made to change his pay like that

    Yes.

    Quote:

    Quoting mechanicswife89
    View Post
    does he have any rights?

    He has the right to seek employment elsewhere if he doesn't like the new pay method.
  • 01-25-2017, 04:52 PM
    Mr. Knowitall
    Re: Can an Employer Change Your Pay Rate
    By "flat rate" you presumably mean that the employer is not going to pay hourly, but is going to pay based upon the completion of tasks? As long as they pay him at least minimum wage, and properly pay any overtime hours, they can structure his pay in the manner that they believe best suits their interests.
  • 01-25-2017, 09:11 PM
    chyvan
    Re: Can an Employer Change Your Pay Rate
    Quote:

    Quoting mechanicswife89
    View Post
    does he have any rights?

    If the rate change is substantially less favorable, he has the right to quit and collect UI as the consolation prize, but he better quickly make up his mind. Work too long at the new lower pay rate, and it's treated as acceptance and he loses his good cause to quit.
  • 01-26-2017, 07:15 AM
    comment/ator
    Re: Can an Employer Change Your Pay Rate
    He has the right to quit and file for unemployment benefits. Collecting them may be more of a job. Working "too long" at the new rate is quite likely be defined as working one second at the new rate after it has been explained to him. And unemployment benefits (even if approved, after a significant amount of time to make such a decisions) are always going to be less than what he was making while working, probably even at the new reduced rate. He may want to keep working there, put out feelers and begin seeking something else instead of quitting before he has a new job to go to.
  • 01-26-2017, 08:28 AM
    flyingron
    Re: Can an Employer Change Your Pay Rate
    If he is a non-exempt employee, he must be paid for the hours worked and overtime for that over 40.
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