Lowered my pay, didn't tell me? Don't know what to do?

[liberty_bell]

Hello everyone. I am in a situation that I am unsure what to do if anything at all. Here goes it... I am a CNA and have worked at an assited living facility since April. When I was hired I was told I would be paid the base pay plus 50 cents extra per hour weekday since I am per diem and $1 extra on weekends. So if I worked a weeknight I was being paid 50 cents more because I was per diem and if I worked a Sat or Sun I was paid $1.50 more..50 cents for the per diem, $1 for weekend shift pay. All of our pay is direct deposit and the weekly pay stubs are in a brown folder that you can pick up and take. I would take them every few weeks and look them over then discard, and I was being paid the above correctly. Well a week ago, I picked up a couple pay stubs and looked them over and I was being paid just the base pay for all shifts I worked. A new lady took over the business side in Sept so I just assumed it was a mistake. So I copied all my pay stubs with the base pay and gave them to her and asked for my back pay. Well she told me that per diem workers are not entitiled to shift differential for weekends and also do not get extra pay for being per diem. She said only part or full time employees get that. She said she doesn't know why I was being paid that but I can no longer anymore. I was hired a specific amount and paid that amount since April and now they say no and my pay is less. Also, I had earned one bank hour and they took that saying again per diem do not ge that....

So I don't know what to do? Can they do this? Pay me less?

[Faeriewand, ASN, RN]

Again thanks. I am upset, it is such back breaking work for little pay that every dollar helps. I just didn't know if there was anything legal I could do about it. I am going to search more in the internet. We are moving to San Diego in March so I was going to quit in Feb, and I need this reference for nursing schools so I really don't want to ruffle any feathers there but it's just not right. We work so hard there.

I know it stinks what happened to you but since you are moving in a few months I would definitely just work there so it will look good on your resume and then ask for a good reference upon leaving.

I can't tell you how glad I am that I worked at cr@p jobs while holding my head high and acting in a dignified manner. My resume looks pretty good now because I have no holes (time slots) and all jobs are leading to something better-the next step up. Plus I gave a decent notice on when I would be leaving even when I really hated the job and just wanted to quit now.

BTW welcome to San Diego. (when you get here :) ) What school will you be attending? :)

[Batman24]

Just curious if you told your supervisor what happened. It appears the business manager did this but I would check and see if your superior is aware this is happening. Be sure the business manager was advised to do this and didn't just overstep boundaries and take it upon themselves.

I would be good and mad. Follow the steps above i.e. calling State Labor Board, showing them hire letter with pay if you have one, etc. I wouldn't let this go without a fight. It is disgusting this would be done without letting you know.

And don't be afraid of leaving there if you can be paid better elsewhere. Give written notice and move on. NS shouldn't be dependent on a letter from this employer so don't let them take advantage of you. If it works better for you to stay until you move do that but don't feel indepted to them.

[Bortaz, MSN, RN]

My reaction would be to take my next paycheck and hand her a resignation letter, explaining that you cannot work for less than you were hired at, and then start looking for jobs.

:yeahthat::yeahthat:

[liberty_bell]

update!!!!!!! thanks to nurse4years, i contacted my state's labor department and this is what they sent back to me...

sec. 621-a (5) requires that the employer give the employee a one-day notice prior to lowering the hourly rate of pay or salary. in your situation, although your hourly rate is set at $xx.x, you were receiving $xx.x per hour when working weeknights and $xx.x when working weekends. we feel that this is your hourly rate for those times and that the company must give a one-day notice to make the change. if you want us to have an inspector contact the business, please let me know and provide the name and address of the business.

thank you everyone for your respones!! it felt horrible to think that someone can do this to you and you can't do anything about it. sp thank you for all your help.

[tryingtohaveitall]

Hey, great reply! Good for you for pursuing this. Now keep us posted on their reply.

[Batman24]

Hey, great reply! Good for you for pursuing this. Now keep us posted on their reply.

Please do!! I'm dying to hear what they say!! If they don't comply you can have the state follow up and deal with it. Good job!!

[Atheos]

update!!!!!!! thanks to nurse4years, i contacted my state's labor department and this is what they sent back to me...

sec. 621-a (5) requires that the employer give the employee a one-day notice prior to lowering the hourly rate of pay or salary. in your situation, although your hourly rate is set at $xx.x, you were receiving $xx.x per hour when working weeknights and $xx.x when working weekends. we feel that this is your hourly rate for those times and that the company must give a one-day notice to make the change. if you want us to have an inspector contact the business, please let me know and provide the name and address of the business.

thank you everyone for your respones!! it felt horrible to think that someone can do this to you and you can't do anything about it. sp thank you for all your help.

awesome!!!!!!!!!!!!