If I recently found out that I’m making less than what I should be according to the pay scale at my job, is my employer legally required to give me back pay?

They are currently fixing the issue by raising my wages to the correct amount.

Asked on October 14, 2015 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they are not required to pay the "back pay" unless you had a written contract including a union or collective bargaining contract governing your employment which requires you to be paid in accordance with the pay scale.  If you have a contract, you could sue for breach of contract to get the back pay though since suing your employer is a drastic step, it's not necessarily worthwhile doing so.
Otherwise, without a contract, there is no obligation for the employer to pay you as per the pay scale--that's simply their voluntary, unilateral internal policy. And the law does not enforce non-contractual employer policies.


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