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Is it legal in Florida to only cut some employees pay and not all employees?

Naples, FL |

Because of the downturn in the economy we are looking at ways to save money. One way has been to cut salaries but they are only looking at cutting the female employees in the office not the rest of the company. I understand Florida is a right to work state but can a company pick and choose which employees to cut rather than an across the board pay cut?

Attorney Answers 2


Pay cuts are generally considered legitimate business decisions, unless the affected employees were targeted because they belong to a protected class under state or federal law. If the employees are members of a protected class under state or federal law, such as gender, then there may be a claim for unlawuful discrimination. If an employee believes that he or she has been unlawfully discriminated against, the employee may file a charge of discrimination with the Equal Employment Opportunity Commission and/or a city or state agency that handles discrimination claims. The state agency that handles such claims in Florida is the Florida Commission on Human Relations. Some cities and counties in Florida also have ordinances that prohibit unlawful discrimination in the workplace. For additional information, concerned employees should contact an attorney who handles employment discrimination cases without delay, because discrimination cases are subject to certain time limitations.

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It depends on whose salaries they are cutting. You say it is only the females. Are there men in the same position as the women who aren't being cut? If so, then you may have a sex discrimination claim. What's harder is if only women are in that particular job classification. I'd suggest running the facts past an employment law attorney.

I hope this helps!

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