Q: Is it legal to work a full shift without being told what your pay is changing to in the state of Texas?
My husband's employer notified all employees that their pay was getting switched from a daily pay rate to an hourly pay rate. They reassured them that their pay would not be lowered but would not let them know what the hourly rate would be or when it would take place. My husband went in to work yesterday and was told that hourly pay would begin yesterday but still they would not tell him what the pay would be. After his shift was over he received a notice with his pay on it and it was $4.37 lower than his original pay per hour. Is that legal to have them work a full day without knowing what they are getting paid?
A:
Under the circumstances described, neither the employee nor the employer has done anything illegal. Your husband could have declined to work yesterday without being told what his hourly pay rate would be. Since he was told that his pay was getting switched from a daily rate to an hourly rate but that they would not tell him what it would be, and your husband chose to work without knowing his hourly pay rate, it is only illegal if your husband was paid less than the federal minimum wage.
Given the bargaining power workers have in the current incredibly tight job market, I recommend that your husband tell his employer that he is unwilling to work at a lower wage and propose an even higher wage as a condition of his continued employment. If the employer does not accept, your husband should tell his employer that he cannot continue in that position under the new compensation plan of the employer and go get a new job.
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