Hello Im a 1099 employee at auto shop, im a wheels and car parts painter ,can my Boss reduce my pay , I was on Salary pay $25 per hour, now he wants to reduce my pay to $17 per hour and change my position to helper .Houston Tx
There are several issues wrapped up in your question. Let's start with the term, "1099 employee" - while I recognize that term is common and is a pay status that is frequently [mis]used, legally there is no such thing. If you are an employee, taxes are withheld from your check and you get a W-2 at the end of the year. If you are an independent contractor, you are paid by the job and you get a 1099 at the end of the year.
Oversimplifying things a bit, you are an employee if your employer tells you when and where to do your work, gives you the tools and supplies with which to do your work, and supervises the details of your work. Further, if the work you perform is an integral part of the goods and services the employer provides to his customers, you are probably an employee. You are a contractor if you provide your own tools and supplies, if you are free to hire other employees to do the work, if you pick your own schedule, if you are free to work for other people. Guessing from the context of your question, I'd say you are an employee. Which means you should be getting overtime and any other benefits, such as workers comp or insurance, the employer offers other W-2 Employees.
Whether you are a contractor or an employee and unless you have a written contract that says otherwise, your employer is free to change your wages or pay rate on a go-forward basis (ie for the work you do in the future) but he is not free to change the rate of pay for the work you have already done.
You use the word "salary". Are you paid a flat rate per week or per day for all hours worked or do you get paid for the number of hours you actually work? Do you ever work more than 40 hours in a single week? If so, does your employer pay you 1.5x your hourly rate for the hours over 40? If you are working more than 40 hours per week and not getting overtime, you should visit the U.S. Department of Labor's Wage & Hour office there in Houston and discuss your situation.
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