This was done to 14 employees this Friday, Effective Sunday the 21 of April. The only notice we received was an email on Friday telling us it was happening.
Under the South Carolina Payment of Wages Act, S.C. Code Ann. 41-10-10 et seq., an employer is required to give written notice seven days in advance of a pay change that results in a decrease in pay, or a pay cut. Your question raises another issue, however. It is likely your employer had misclassified these 14 employees as "exempt" from overtime and paid them a salary regardless of the number of hours they worked. Even though this has been corrected, the employees would be able to recover overtime pay for any hours they worked over 40 per week while they were paid a salary incorrectly at any time over the previous three years. It is important to act quickly due to the statute of limitations in such cases.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.