Will pay cuts lead to discrimination complaints?

As an employer, you control how much your employees earn. Many employees expect to see pay raises and promotions the longer they stay with the company.

However, you are not obligated to offer raises, and you may even find yourself in a position where you need to implement pay cuts. For instance, if the economy goes into a recession, your business may not be generating enough revenue to maintain current payroll levels. Rather than going through layoffs and terminating employees, you may consider cutting pay to keep everyone on staff.

But could employees claim that this is discriminatory or a violation of their rights, especially if they are still expected to perform the same amount of work?

Ensuring that pay cuts are legal

To begin with, it’s important for both employers and employees to understand that pay cuts are usually legal. While they may be frustrating or unexpected, they are not inherently a violation of an employee’s rights. An employer can decide to pay less for the same position.

The key is to implement pay cuts correctly to avoid violating wage laws. For instance, an employer cannot reduce someone’s pay as retaliation for whistleblowing or reporting harassment in the workplace. Additionally, pay cuts cannot apply retroactively. Employers cannot reduce pay for hours an employee has already worked; the reduction must only apply to future hours.

Furthermore, pay cuts could become an issue if they involve clear instances of discrimination. For example, reducing the pay of workers based on their race or national origin would likely constitute unlawful discrimination. Other protected classes to consider include religion, gender, disability, pregnancy and age.

What if a dispute arises?

Wage disputes can be complex. When employers and employees find themselves in such disputes, it is critical to understand the legal steps necessary to resolve the issue. We help businesses dealing with wage disputes. Contact us for a consultation.