QUESTION
Can an employer reduce an employee's agreed upon hourly rate after work is done?
Asked on Jun 18th, 2017 on Labor and Employment - Texas
More details to this question:
My 16 yr old daughter was hired. She was told she would earn $12.50, or $10.00, or $9.00 per hour. The employer worked my daughter 81 hours in her first week. I told my daughter to get a copy of her time sheet and exact hourly wage. She pressured the employer with repeated texts and calls to get her exact hourly wage. This upset the employer. She told my daughter that her feelings were hurt. She said that as a result, she would only pay her $8.00 per hour now. I've never known an employer to behave in these ways. Can this employer do these things?
1 ANSWER
2 Awards
No. While an employer may always change the rate for work to be performed in the future (and an employee is free to accept that wage or quit) an employer may not change the promised wage rate once the work has been performed.
Assuming the employer is not otherwise willing to correct the issue, your most economical method to collect the unpaid wages is by filing a Payday Act Complaint through the Texas Workforce Commission's Labor Law Department.
Be aware that statute does not contain any retaliation protections, so the employer may fire your daughter for invoking it, but it sounds like she probably shouldn't continue work there in any event.
Good luck.
Answered on Jun 19th, 2017 at 6:54 AM
The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.