QUESTION

Can my hourly rate of pay be changed for hours I have already worked?

Asked on Jun 13th, 2014 on Labor and Employment - Texas
More details to this question:
I started at a contracting company making 13.25, but when I quit they called me and said that all of my remaining paychecks would be lowered to minimum wage, even though I had already been working at a rate of 13.25. Is this legal? Is there any way to combat this?
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
No.  An  employer can reduce your hourly rate for hours you have not yet worked, and if you work those future hours you are deemed to have accepted the adjusted rate.  However, an employer cannot reduce the rate for hours already worked.  Once you have gotten your final paycheck, contact the Texas Workforce Commission - Labor Law Department and ask to file a Payday Act complaint.  It may take several weeks to process but it will cost you little or nothing.  You can also sue your employer for breach of contract, but the cost of doing so would be significant. Good luck.  
Answered on Jun 16th, 2014 at 3:42 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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