I am an at will employee who was earning a rate of 50% for insurance payments received (i'm a healthcare provider). These earnings are calculated and paid on a monthly basis. On the 27th of Dec I received an email stating that effective immediately my rate will be 30%. My employer applied this new rate for all the payments that were processed in Dec, even though these were for services I provided before the email was sent. I complained and she states that because we get paid on a monthly basis "effective immediately" meant the change would be applied to the upcoming monthly earnings. Are her actions legal? Is this a retroactive pay cut? Thank you.
That sounds, at the very least, like a breach of contract. I suspect it is lawful to reduce your reimbursements going forward (Florida is an an at will employment state, and a change in the terms of employment should be permitted, absent some discriminatory reason). However, a retroactive reduction would seem to be improper. If you signed a formal contract, you will have to look at the specific language of same.
I would recommend you reach out to a labor/employment lawyer. It's possible that this act violates the FLSA, which might permit the lawyer to represent you at no cost.
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