According to The California Wage Protection Act, if an employer decreases an employee’s salary or hourly pay, it must notify the employee within seven days of the changes unless changes are reflected on a timely wage statement or another type of written notice. Employers cannot arbitrarily decrease your salary or pay without telling you in advance or without proper consent.
If you believe your employer changed your pay without your consent or because of race, religion, sexual orientation, gender, national origin, or disability, reach out for help now. The award-winning employment lawyers at Blackstone Law can provide an assessment of your case. We offer trusted legal representation and fight to ensure your rights are upheld.
Can an Employer Change Your Pay Without Consent?
Generally, it is legal for an employer to change your pay if they do not decrease it below minimum wage, which is $15.50 per hour as of January 2023. However, an employee’s contract can protect against a salary decrease. If an employer changes your pay despite your contract, you may be eligible to file a lawsuit for breach of contract.
California law requires employers to give non-exempt employees notice of any changes to their pay. However, if a change in pay rate is reflected on the next payroll period of the wage statement, then no additional notice is required. If the employee is a salaried worker, employers should give written notice.
When Is It Unlawful for an Employer to Change Your Pay?
Since California is an at-will employment state, your employer has the right to hire, terminate, demote, or transfer employees for any reason as long as they do not violate labor laws. Employee pay is a condition of employment that can be lawfully altered for any reason, excluding the following:
- You are protected by an employment agreement
- Pay change for a discriminatory reason, such as harassment, discrimination, or retaliation
- Pay change to a level below the federal minimum wage
- An employer fails to pay an employee overtime
An employer cannot legally pay employees of the same skillset, job title, and responsibilities differently because of gender, per the Equal Pay Act of 1963. If you suspect your employer changed your pay based on gender, speak with a skilled employment lawyer.
Speak With the Award-Winning Employment Lawyers at Blackstone Law
If your employer changed your pay without your consent or because of discriminatory reasons, speak with the leading employment lawyers at Blackstone Law for an assessment of your case. We will determine whether you are entitled to legal recourse against your employer. We have the resources and strategies to help you obtain the justice you deserve.
Retaining our legal services may improve your chances of success. Request a free consultation by calling (310) 956-4054 or filling out our contact form.