Travel time with wage cut

[Blessing300]

What is the name of your state (only U.S. law)? California
I have been with the company for almost 13 years. I am a Buyer and used to travel at least once a month on average. I am still paid by hour, and when I go to China, we work 16-17 hours a day with a quick lunch and 30 min dinnerm then continued to work until afte 12am sometimes 1-2am. My pay check was very good on these trips. The owner has always showed me his discomfort about having to pay so much over-time to me on these trips. But since I really worked hard those hours, which was always varified by others and sometimes himself, he has to pay, but always harrased me about it. From last year, when I came back from one of my China trip, the owner asked me to his office and told me that he was only going to pay 30% of my regular hourly wage for all the hours I spent traveling (flight and traveling between airports), effective immediately. In addition, I have family in China, and he told me to take a few days off at the end of the trip so that I could spent sometime with them, as long as those few days are unpaid. I thanked him and stayed for 3 days after a 3-week buying trip non-stop. So, on top of telling me about the wage cut, he also said that since I took a vacation at the end of the trip, my return travel could not be counted as "travel time" so I will not get pay all together for my return. I did not think it was fair because I had already came back from my trip, I thought he should have told us before and I would not accept the 3 vacation days. There are more after this, but I do not want to write so much at my first visit. Please advise if there is anything I can do, because including the stories I have not told, my total salary has been cut more than 55% comparing to last year.

[JETX]

Very simple.... File a 'wage claim' with the state 'Department of Labor Standards Enforcement'.
[url=http://www.dir.ca.gov/dlse/HowToFileWageCLaim.htm]How to file a wage claim[/url]

[pattytx]

Agree. Travel time for nonexempt employees can be paid at as low as minimum wage, but prior notification of the wage rate decrease/change is required under California wage and hour laws.

[Blessing300]

Thank you very much for your advise. But I am still working for this company and I am already having a hard time. I think since I was one of the top pay employees, he would be happy to let me go. In fact, I went to talk to him when he decided to cut my salary 55%, he told me that if it were better for me, the company could lay my off. He knew I have no option, because I am the sole income earner of my family, and I have 2 young children and a $2500 mortagage to worry about. So, he shut me up right there.

[Blessing300]

I also wonder about a pay cut that he did to me.
Few months ago, the owner called me to his office and told me that because of the bad business, all managers will have a 10% pay cut. I never have a manager title, although I had two assistants. I noted my pay cut for the entire pay period at the immediate pay-check following our meeting. At the same time, perhaps one week later, he laid off one of my assistant, and transferred the other assistant of mine to other duties. So, I am left on my owner. So, I am no longer managing anyone. But my 10% cut remains although I am not manager both in title and practice. Do I have any case here??

[pattytx]

Do I have any case here??

No legal case here.

[Blessing300]

Thank you for your advise.

[Heinz 57]

1. Was your reduction in pay retroactive? ie, did they notify you in the middle of the pay period that your wages were being reduced for that whole period?

2. You cannot be fired for filing a wage claim with the DLSE.

[pattytx]

Originally Posted by Heinz 57

2. You cannot be fired for filing a wage claim with the DLSE.

You cannot be legally fired for availing yourself of recourse for an alleged violation. You CAN be fired for something else and then it would be your burden to prove that the "something else" was merely a subterfuge.

[Blessing300]

I understand. It is a sticky situation if I want to stay.
Thanks.

[Heinz 57]

Originally Posted by pattytx

You cannot be legally fired for availing yourself of recourse for an alleged violation. You CAN be fired for something else and then it would be your burden to prove that the "something else" was merely a subterfuge.

I think most people realize that the employer will virtually never admit to firing an employee for engaging in a protected activity. There would, of course, have to be a thorough investigation to determine the true reason for an employee's discharge, in the case of a retaliation claim. An employer cannot circumvent the law by simply making up any unconscionable reason for the employees discharge.

[Blessing300]

Thank you all for the discussion. I was told that in California, employment is "AT WILL". Therefore, they can let me go anytime they want without any reason. Is this true? It is getting depressing just talking about it.
Thanks

[cbg]

In 49 out of 50 states, including California (and occasionally including the 50th state, which is Montana) employment is at-will unless a legally binding and enforceable contract or CBA says otherwise.

In an at will state, you can quit at any time and for any reason, and you can be fired at any time and for any reason not prohibited by law.