How can I challenge my employer on an unfair payrate?

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How can I challenge my employer on an unfair payrate?

The existing employee’s are doing the same job and training the new people coming in, but the new hires are making at least $3 more with no experience. We are only ever told not to discuss your wages but never told why they make more. The new employees do not have more education; they are told that this is the starting pay of the position that they are applying for. But the existing employee’s pay wasn’t raised to match.

Asked on April 13, 2011 under Employment Labor Law, Tennessee

Answers:

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

Answered 13 years ago | Contributor

As long as the federal minimum wage law is being complied with their really isn't much that you can do.  While unfair, it is against the law; that is unless you have an employment contract, union agreement, or company policy that specifically prohibits such action.  If your employment is "at will" (and most employment is), that means that an employer cannot only hire and fire employees as it wants, it may also set their job titles, duties, conditions, and compensation.  As a general rule, there is no legal obligation to pay employees with the same job title or at the same level equally.

That having been said, what an employer cannot do is discriminate on the basis of a "protected category" (such as race, religion, age, disability status, or gender). If it treats an employee worse due to any of the foregoing, than that would be illegal.

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

Answered 13 years ago | Contributor

As long as the federal minimum wage law is being complied with their really isn't much that you can do.  While unfair, it is against the law; that is unless you have an employment contract, union agreement, or company policy that specifically prohibits such action.  If your employment is "at will" (and most employment is), that means that an employer cannot only hire and fire employees as it wants, it may also set their job titles, duties, conditions, and compensation.  As a general rule, there is no legal obligation to pay employees with the same job title or at the same level equally.

That having been said, what an employer cannot do is discriminate on the basis of a "protected category" (such as race, religion, age, disability status, or gender). If it treats an employee worse due to any of the foregoing, than that would be illegal.


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