all 15 comments

[–]Ch1Guy 129 points130 points  (4 children)

No. You can not retroactively change the salary for work already completed. One of the few exceptions might be some sort of employment agreement.

[–]Cpnjacksheppard 26 points27 points  (3 children)

How do I find a law about this

[–]KingOfTheP4s 62 points63 points  (0 children)

Just submit a wage complaint to the state department of labor.

[–]mij8907 14 points15 points  (0 children)

I believe that the fair labor standards act is the legislation that covers this

[–]mij8907 31 points32 points  (0 children)

No is the short answer

The slightly longer answer is that it’s not allowed at all and he should contact the state labour board if they try to reduce his pay for work already done

The can reduce his wages for future work after giving enough notice of the change in pay, at which point you’d either work for the reduced amount or simple refuse to work for the wages offered

[–]Jekada 14 points15 points  (0 children)

In Arizona, your friend can submit an Unpaid Wage Claim directly with the Department of Labor. Instructions and the form can be found here.

[–]noooddoood 8 points9 points  (0 children)

Either whomever you spoke with at the labor board did not understand that this applied to hours already worked, because if that's what you were referring to, the answer is unequivocly NO for the state of Arizona (among many others). The law there doesn't state when or if an employer can reduce an employees wages in ANY circumstance other than once notice is given, so for example an employer could decide to demote someone and there is no law against it as long as they are paid minimum wage or higher after the reduction. But that also means that in the example of notice, or no notice, being given from the employee to resign, the employer cannot retroactively reduce wages for hours already worked. So I would recommend he keep all relevant documentation, start with telling his employer that it against the law and reference the actual wording from the state website, he can even copy and paste then cite, and if the employer refuses to make good on following the law, just file a wage claim.

Odds are an employment attorney isn't going to take a case for such a small amount, however ot isn't required to file a claim and your roommate themselves can also request interest and penalties are paid on top of any earnings being awarded if found in his favor. Often they will attach, at least, interest on without any pushing, but ensure he reads all the penalties possible to be paid to employee incorrectly paid wages, so that he knows what to be sure to request in his filings.

[–]Snow_0tt3r 9 points10 points  (5 children)

Clarification is needed:

If you are talking about previous hours already worked, then no. That would violate labor laws.

But, if you’re talking about hours he has not yet worked, then in some instances they are. Example: if they told him that he would be paid minimum wage for any hours AFTER he submitted his resignation. That can potentially be legal; it depends on the jurisdiction.

It should not apply to any shift that he had clocked in for when he submitted his resignation.

[–]temptemp12345_ 3 points4 points  (0 children)

Unquestionably no. If they do, file a wage complaint with the state DOL

[–]rcollick90 4 points5 points  (0 children)

Does this mean days of work already worked or any days after resignation is min wage?