Can My Employer Change My Pay Rate?

The "Pay Cut" Compliance Model. Discover the rules governing salary and hourly rate changes in 2025 and why retroactive pay decreases are universally flagged.

Legal Disclaimer: This guide provides educational information regarding wage and hour notice requirements. This is not legal advice. Pay changes are often governed by individual employment contracts and collective bargaining agreements.

The General Rule: Prospective vs. Retroactive

In most "At-Will" jurisdictions (including 49 US states), an employer has the legal right to change an employee's pay rate for future work. However, there is a fundamental mechanical barrier that protects workers: **Retroactive pay cuts are prohibited.**

Mechanically, this means that if you work on Monday at $25/hour, your employer cannot tell you on Friday that they decided to pay you only $20/hour for the work you already completed. They must notify you of the change before the work is performed.

Notice Requirements by Region

United States (Federal & State)

Under the FLSA, there is no federal notice period required for a pay cut, as long as the new rate is above the minimum wage. However, many states have strict notice statutes:

  • California: Requires notice of a pay change before the work is performed (usually via a new 'Notice to Employee').
  • New York: Requires written notice at least seven calendar days before a pay decrease takes effect.
  • Missouri: Requires 30 days' notice before reducing wages.

United Kingdom

In the UK, pay is a fundamental term of the **Employment Contract**. An employer cannot unilaterally change your pay without your agreement or a specific "variation clause" in the contract. Attempting to force a pay cut without agreement may be considered a "Fundamental Breach of Contract" or "Constructive Dismissal."

Common Misconceptions

"They can't cut my pay because of my contract."

Unless you have a Fixed-Term Contract that guarantees a specific rate for a specific period, or a Union agreement, your "At-Will" status usually means the current rate is only guaranteed for work already performed. Your employer can offer you a lower rate for future work, and your "acceptance" of that rate is implied if you continue to work after receiving notice.

Verify Your Minimum Wage

A pay cut is only legal if the new rate remains above your regional statutory minimum.

Check Min Wage Compliance