Does my employer have to back pay me for work I’ve done while waiting on an

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does my employer have to back pay me for work I’ve done while waiting on an

I was working in a level 1 position when my company decided to bring in contractors. When the contractors started I was moved to a level 2 position but was told I had to apply for it before I could get the title change and increased pay rate. For the past 2 months, I’ve been performing all of the job duties of the level 2 position but, even after applying for the position, I am still only being compensated for a level one, which does not exist anymore.

Asked on August 20, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you are not entitled to back pay unless you have a written employment contract giving you the raise to the higher pay rate. Without a written employment contract, you pay is at the employer's discretion or whim--you are paid whatever they want to pay you. There is no guaranty of more pay for doing more or higher level work.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption