Can My Employer Change My Role and Reduce My Pay?

Question from Pablo, Can My Employer Change My Role and Reduce My Pay?

Answer from AI:

In general, employers in the United States have a significant amount of discretion when it comes to changing job roles and responsibilities. However, there are certain legal protections in place for employees.

At-Will Employment

Most employment in the United States is considered “at-will,” meaning that an employer can change the terms of employment, including job duties and pay, at any time. However, this is subject to certain limitations. For example, an employer cannot change the terms of employment for discriminatory reasons or in retaliation for certain types of employee conduct.

Employment Contracts

If you have an employment contract, the terms of that contract will generally govern what changes your employer can make to your job role and pay. If your employer is trying to change the terms of your employment in a way that violates your contract, you may have legal recourse.

Discrimination and Retaliation

Under federal law, it is illegal for an employer to discriminate against an employee based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. It is also illegal for an employer to retaliate against an employee for asserting their rights under these laws. If you believe that your employer is changing your job role or reducing your pay for discriminatory or retaliatory reasons, you should consult with a legal professional.

Wage and Hour Laws

Under the Fair Labor Standards Act (FLSA), employers are required to pay employees at least the federal minimum wage and overtime pay for any hours worked over 40 in a workweek. If your employer is reducing your pay in a way that violates these laws, you may have legal recourse.

What to Do If You Believe Your Rights Have Been Violated

If you believe that your employer is changing your job role or reducing your pay in a way that violates your rights, you should consider the following steps:

1. Consult with a legal professional. They can help you understand your rights and options.
2. Document everything. Keep a record of all communications and actions related to the change in your job role and pay.
3. File a complaint with the appropriate government agency. This could be the Equal Employment Opportunity Commission (EEOC) if you believe you have been discriminated against, or the Wage and Hour Division of the Department of Labor if you believe your wage and hour rights have been violated.

Remember, this information is a general guide and not a substitute for legal advice. You should consult with a legal professional for advice tailored to your specific situation. You can find more information about your rights as an employee on the EEOC’s website and the Wage and Hour Division’s website.