If my employer changed my pay structure from hourly to commission without my consent, is this legal?
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If my employer changed my pay structure from hourly to commission without my consent, is this legal?
My boss changed my pay from an hourly wage to a commission based pay that has resulted in a significant loss of wages. Is this legal?
Asked on June 27, 2018 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless this action violates the terms of an employment contract or union agreement it is legal. A company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). This includes the method of pay an employee is to receive. That having been said, such a change can only be for hours not yet worked; in other words it cannot be retroactive. Worked that has already been performed must be paid under the original pay arrangement.
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