Is there anything I can do about certain employees doing the same job, same title and everything as me but getting paid more?

UPDATED: May 25, 2012

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Is there anything I can do about certain employees doing the same job, same title and everything as me but getting paid more?

A female at my work was hired on as a car prep when she only just started working at the company; th position pays a salary of $15 per hour. She then moved to a different position which is a company driver which pays $10 per hour. She has been doing the driver position for a few months now full-time, as in not doing any car prep at all and only doing duties of a driver and fully recognized by over 60 other drivers and managers as so. However, she was able to convince the manager who likes her to pay her the wage of her original job car prep when all other drivers get paid lower. Is there anything I can do?

Asked on May 25, 2012 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general matter, an employer may pay employee A more than employee B for doing the same job--the law does not require that employees be treated consistently or fairly.

However, that said, an employer may not treat employees differently on the basis of their sex. If the reason for the difference in pay is that she is a woman, or the manager is attracted to her, or the manager and the woman are in a relationship, that is most likely illegal and you could file a complaint with your state equal opportunity or equal rights commission/agency.

On the other hand, if there is some non-discriminatory or non-sex-based reason for the difference in pay--for example, she is the sister or daughter of a friend of the manager; or he feels bad for her because she is supporting a disabled parent or has a child with special needs--it would be legal to pay her more.

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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