Working 2 positions with different pay within same company?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Working 2 positions with different pay within same company?

I work as a sales associate and shift lead at the same company. I have 2 logins for clocking in and out for shifts and different hourly pay for each position. My manager wants to to clock in as a sales associate but still do tasks that are only done by a shift lead. This is for the purpose of paying me less for my time. Is this legal? Can I have to be paid as a sales associate when I am doing work that is only performed by a shift lead?

Asked on October 20, 2016 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is completely legal. Your employer has free discretion to set your compensation unless there is a written contract to your contrary. Your employer determines what amount you are paid for doing what tasks or jobs, or fulfilling what roles. Your employer also defines your job and duties. So they can have you do "shift lead" jobs at sales associates wages, if they want.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption