Can my employer pay me minimum wage even if new employees get paid more than me?

UPDATED: Oct 1, 2022

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Can my employer pay me minimum wage even if new employees get paid more than me?

I have been employed by same company for 34 years and for the most part I have been getting paid $2 to $4 over the minimum wage. However, when the minimum wage began to be raised every year I have not been getting any raises so as a result I am now getting paid the minimum

wage. I have found out that new employees get paid more than I get paid. I am in my late fifties and I’m not planning on retiring any time soon, although I have reasons to believe that my

Asked on April 11, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF you can show that employees under the age of 40 are paid more than you even though there is no non-age reason to pay them more, you may have an age discrimination claim to bring to the EEOC or your state's civil/equal rights agency. An employee over age 40 may not be treated worse than those under age 40 due to age. However, if there is a non-age reason for the discrepancy, this is legal: you can pay older employees less if there is some valid reasion for it. So if the younger employees have education, credentials, experience, or training that you do not, or work in positions that typically pay more or are "higher level" than yours, that would legally justify them being paid more than you are.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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