Is my employer responsible for giving me retroactive pay?

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Is my employer responsible for giving me retroactive pay?

I started a new job within the same agency 5 1/2 years ago. I’ve been with the company as a whole about 9 years. I was asked to present my college degree when I first got the job 9 years ago. When I switched jobs within the agency they never asked me about my degree so I assumed they were aware and it was included in my pay. Now 5 years later I find I’m being paid .50 cents less an hour than I should be. Do I qualify for retro pay? I spoke with HR and they haven’t gotten back to me in 3 weeks.

Asked on July 17, 2017 under Employment Labor Law, New York

Answers:

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

Answered 3 years ago | Contributor

Unless your hourly rate was in some way guaranteed under the terms of an employment contract or union agreement, you have no rights to retrocative pay. Even though a mistake was made, you knew what your employer set your wage at and you accepted.


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