How to get a raise given to everyone else?

UPDATED: Sep 12, 2011

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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


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

Answered 11 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.

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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