Is there anything I can do about certain employees doing the same job, same title and everything as me but getting paid more?

A female at my work was hired on as a car prep when she only just started working at the company; th position pays a salary of $15 per hour. She then moved to a different position which is a company driver which pays $10 per hour. She has been doing the driver position for a few months now full-time, as in not doing any car prep at all and only doing duties of a driver and fully recognized by over 60 other drivers and managers as so. However, she was able to convince the manager who likes her to pay her the wage of her original job car prep when all other drivers get paid lower. Is there anything I can do?

Asked on May 25, 2012 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a general matter, an employer may pay employee A more than employee B for doing the same job--the law does not require that employees be treated consistently or fairly.

However, that said, an employer may not treat employees differently on the basis of their sex. If the reason for the difference in pay is that she is a woman, or the manager is attracted to her, or the manager and the woman are in a relationship, that is most likely illegal and you could file a complaint with your state equal opportunity or equal rights commission/agency.

On the other hand, if there is some non-discriminatory or non-sex-based reason for the difference in pay--for example, she is the sister or daughter of a friend of the manager; or he feels bad for her because she is supporting a disabled parent or has a child with special needs--it would be legal to pay her more.


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