Does my employer have to back pay me for work I’ve done while waiting on an

I was working in a level 1 position when my company decided to bring in contractors. When the contractors started I was moved to a level 2 position but was told I had to apply for it before I could get the title change and increased pay rate. For the past 2 months, I’ve been performing all of the job duties of the level 2 position but, even after applying for the position, I am still only being compensated for a level one, which does not exist anymore.

Asked on August 20, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you are not entitled to back pay unless you have a written employment contract giving you the raise to the higher pay rate. Without a written employment contract, you pay is at the employer's discretion or whim--you are paid whatever they want to pay you. There is no guaranty of more pay for doing more or higher level work.


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