How to get a raise given to everyone else?

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How to get a raise given to everyone else?

I work at a restaurant and my starting wage as a cashier was $8.25 an hour under my old manager. I am still a cashier. A new manager took over a year or so ago and rose the cashier’s wage to $8.75 hour for her employees. I recently found out I was not given the raise the entire group of cashiers received because “I was on a different payroll with the old manager”. They will not raise me to the standard pay. What legally can I do in order for the corporation to give me the raise my fellow employees got. I’m the longest working employee.

Asked on September 12, 2011 under Employment Labor Law, California

Answers:

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

Answered 12 years ago | Contributor

I'm afraid that unfortunately you may not be able to. Generally, employees do not have to be treated equally or even fairly. It is perfectly permissible to give one employee more favorable treatment than another. At least as long as the treatment does not violate: company policy, an employment contract, union agreement, or federal law regarding discrimination.

In an "at will" employment arrangement an employer can set the terms and conditions of employment as it deems fit; including setting wages (as long as minimum wage laws are met). In turn, an employer can choose to work for an employer or not. I realize that in this economy that may not be much of a choice for you, but that's the law.


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