PAY RATE DIFFERENT FROM NEW HIRE.

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PAY RATE DIFFERENT FROM NEW HIRE.

I am working ne company as a CDL driver about 10 years. I am union
Member. My starting pay rate 2 from others non cdl drivers.
Now I am getting 11.05 after 10 years service but last week they hired
new employee pay rate is 14.
I requested them about this difference they not give any reply.
Can i put them to discriminiation case?

Asked on April 8, 2017 under Employment Labor Law, New York

Answers:

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

Answered 4 years ago | Contributor

First of all, does this pay discrepency violate the terms of your union agreement. If so, then you have a claim. If not, then I'm afraid that you have no recourse here. Basically, a company can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination (which you did not indicte that to be the case). In other words, is your treatment due to your race, religion, age (over 40), disability, national origin, etc? If so, then you would have a claim. If not, then your employer's actions, while seemingly unfair, are perfectly permissable. The fact is that not all employees need be treated the same.


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