Do I have grounds to ask for me in compensation

UPDATED: Oct 1, 2022

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Do I have grounds to ask for me in compensation

I was hired on as a server and I was asked to help train the old employees and new on the company standards, however I have not served once but I have worked as a salary employee and I am asked to train new employees daily on the cooperate standards making minimum wage while they earn more than I am. What grounds do I have to ask for compensation? It’s been over a month and my schedule has been cut back on hours and the new employees have the hours I used to work. We were understaffed when I was hired and now we are over staffed.

Asked on August 18, 2018 under Employment Labor Law, California


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

Answered 4 years ago | Contributor

Actually you don't unless the terms of an employment contract or union agreement provides otherwise. As an "at will" worker, your employer can set the conditions of the workplace much as it sees fit, absent some form of legally actionable discrimination (i.e. you can't be paid less due to your race, religion, gender, nationality, disability, age (over 40), etc.). Accordingly, you can be made to work at any position that you are scheduled for so long as you are paid at least minimum wage and, as an hourly worker (i.e. non-exempt), OT for any hours that you work over 40 in a week.

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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