Massachusetts non-profit wage raises/cost of living increases giving all shifts a raise except one

I work for a mental health non-profit and for 5 years have not received a raise. In January they will be paying overnights 12 per hour, minimum wage, and have just given all other shifts a raise to 15 per hour — leaving overnights at 12. Do we have any grounds to fight this?

Asked on October 12, 2017 under Employment Labor Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless this action violates the terms of a union agreement or employment contract it is legal. The fact is that not all employees need be treated the same, or even fairly, at least absent some form of legally actionable discrimination. However, no discriminatory behavior is apparent in your situation. Accordingly, in an "at will" work relationship your company can set the conditions of employment much as is sees fit. This includes how much to pay each shift.

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