What is the law if 2 workers doing the same job get different pay?

I work for a hospital as a healthcare provider and found out that my collegue who is not board certified in the specialty, does the same job as me and has less experience than me is paid more. In addition the company is now hiring another employee for this position because my collegue left and the new person would be trained by me, won’t have experience in the specialty and yet would still be paid more than me. I have been at my current job for 3 years and am confident that I bring a lot of value to the department.

Asked on November 10, 2018 under Employment Labor Law, Colorado

Answers:

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

Answered 2 years ago | Contributor

Actually, not all employees need be treated the same or even fairly. This is unless such action constitutes some form of illegal discrimination. In other words, unless the differing treatment is based on race, religion, gender, nationality, age (over 40) or disabiltiy, it is legal. Also, it must not violate the terms of any applicable union agreement or employment contract. The fact is that most work relationships are "at will". This means that  business can set the conditons of work much as it sees fit.

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

Answered 2 years ago | Contributor

Actually, not all employees need be treated the same or even fairly. This is unless such action constitutes some form of illegal discrimination. In other words, unless the differing treatment is based on race, religion, gender, nationality, age (over 40) or disabiltiy, it is legal. Also, it must not violate the terms of any applicable union agreement or employment contract. The fact is that most work relationships are "at will". This means that  business can set the conditons of work much as it sees fit.


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