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Is It Legal to Reduce an Employee’s Pay

Measuring pay cutReducing an employee’s pay is no minor thing. Pay cuts can be anything from illegal, financially troubling, emotionally unsettling, to devastating. Before cutting an employee’s pay, employers should consider the effects. Sometimes the repercussions aren’t worth it.

When a Pay Cut Is Acceptable

In some situations, employees can easily accept or even welcome the change, like when everyone in the company or department is getting a pay cut for the benefit of the business, or when an employee wants less responsibility. In other situations, employers are actually trying to get employees to quit. There may be better ways to go about this, but at least the effects will align with the intentions.

When a Pay Cut Really Cuts

Most of the time, employees don’t see a pay cut in the same light as their employers. Thoughts usually circle back to, “This isn’t fair” and, “Is this even legal”.

In a recession, or any time a company is struggling to survive, a pay cut might be a valid strategy to keep the business afloat. Loyal employees may be sympathetic and willing to hang on through the hard time, that is of course if upper management is also taking a pay cut. If the reason is to line the pockets of upper management, employees won’t take kindly to this reaction to company hardship.

Reasons that employees don’t appreciate

  • Corrections to what might have been a poor choice in original salary
  • Complaints by other employees about one employee’s rate
  • Realization that the employee is overpaid for the location or job description
  • Cash flow problems, if upper management doesn’t also take a pay cut

The employee’s mortgage and other bills

When employees buy homes, lenders base their loans on the employee’s income. Employees also buy cars, sign up for classes, school, and all the other things that cost money. Most people live according to how much money they make, so when that gets cut, hardship presents.

The emotional affect of a pay cut

A pay cut speaks a thousand words and those words usually hurt. Unless your objective is to get an employee to quit, be aware that a pay cut may send an employee to the classifieds. Even if it is not totally warranted, employees usually see the pay cut as a demotion or take it as a hint that they are not appreciated. In either case, they will leave at first opportunity. If you really value the employee and want them to stay, you might be better off just swallowing those few extra bucks per week and instead tell the employee that you cannot offer a raise this year. While that’s never fun either, it’s not as hard a blow as a pay cut.

When a Pay Cut Is Not Legal

Most of the time it is legal to reduce an employee’s pay but there are some instances when it isn’t.

  • Surprise – A surprise pay cut is illegal. Employers are obligated to pay employees the agreed-upon rate. If employers wish to change that rate, they can do so. Employees can either agree to it and continue working for the new rate, or they can not agree to it and discontinue service with the company. But an employer does not have the right to tell employees that their paycheck they already worked for is going to be smaller than expected.
  • Retroactive – Employers also don’t have the right to tell employees that their pay rate is changing and that the rate is retroactive some number of days. The pay rate can only change for all time after informing the employee.
  • Retaliation – If an employee complains about sexual harassment or other inappropriate office behavior, the employer cannot lower her pay rate in retaliation. It is not the right way to deal with this situation and retaliation is against the law.
  • Discrimination – Pay rates cannot be lowered based on race or gender. For example, if the company is struggling, the employer cannot legally cut the rates of all female employees to improve cash flow.
  • Breach of Contract – Sometimes, employers have a contract with employees and a duty to pay them a certain rate for a certain amount of time. Once this time period is up, the employer can notify the employee of the pay cut and renegotiate the contract.

Additionally, regarding employee classifications, hourly employees must always make at least minimum wage, even after a pay cut, and exempt employees rates of pay cannot fluctuate. In other words, you couldn’t ask your exempt employees to take a pay cut during the slow months. If you needed to do this, you would have to switch the employee from salary to hourly.

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One Comment

  1. Suza
    Suza May 3, 2018

    I was injured wile on duty, company increase hour and want to cut my pay, but am not incompetent,nor misconduct,am productive

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