Jump to content

Equal pay for equal work... is this legal?


Recommended Posts

mopar crazy

I'm not talking about the law where women earn the same as men for the same job.

 

I have worked for a grant funded agency for almost 5 years, even recieved an employee of the month award. I have always recieved wonderful evaluations, and have been told by several ppl that I am good at what I do, work hard, etc. Currently my job is a pay scale of 2. Since our agency has gotten larger there is more clients. My supervisor and the other office woman have more work b/c of the enlargment. B/c of this they are both overwhelmed w/ all the extra work so they asked the head office if they could have me do the job PT, 10 hours a week (along w/ my job I was hired on as) and then attend the trainings they also go to several times a year for about 6-8 hours a day.

 

This job is a pay scale 4 job, makes more than mine about $2 or higher an hour. They put me in the position w/o even asking what my feelings are about it. My supervisor said that if I do not take the position she afraid they will cut my hours back to PT (long story). Well, I can't afford that. So, anyhow I am doing this position 10 hours a week, and then the trainings. My gripe is the pay. Well, all the paper work sucks too. Anyhow, they are paying me my regular wages of the pay scale 2 and not giving me a raise.

It's not fair that I have to do this job, get paid on a pay scale 2 job, while all the other ones are making pay scale 4 wages.

 

We have a training this month and next for 6 hours a day w/ other centers, we aren't the only ones. I think there is about 20 ppl that do this job and make the pay scale 4 wages. So, we are all taking the same training, and they are making $2.00 or a little more than I am. It has nothing to do w/ seniority. There are ppl there that just have started that are getting paid the pay scale 4. So, I am doing the same job as everyone else but making

that much less. I am doing the same job as everyone else making wages at a pay scale of 2 while they are all getting 4. Is this legal? How can they expect me to do the same work for pay scale wages of 2 while everyone else gets 4? I have the job description from the head office and it says right on there "PAY SCALE 4." Is this legal?

Link to post
Share on other sites
Trialbyfire

I'm no legal employment expert within your jurisdiction or any, so I can't counsel you on that aspect.

 

Have you discussed the situation with your supervisor? No need to be confrontational. Just ask when your pay raise will be coming to offset the increase in job responsibilities. Make it a natural assumption so they either have to say outright that you're not getting the increase, whereby you can question them on the why, or they can state the paydate it becomes effective.

 

IF the response is negative, with an exact reason why, you can contact an Employment Standards agency, to find out what's legal within your jurisdiction.

Link to post
Share on other sites
  • Author
mopar crazy

Thanks TB. I have spoke to my supervisor shortly after I started doing this job back in April. I asked her if there would be a pay raise do the added responsibility and it's a higher pay scale job. She said she didn't know if the Head Office would give me a raise. She told me if I choose not to do the job b/c there isn't a pay raise then they would probably cut my hours and ask another person to take over the job and increase their hours to 40. Currently I am the only one in my position that works 40 hours a week, the other staff only work 35, or maybe it's 30, not sure. I was hired on as a 40 hour staff but the new staff were hired on as 30 or 35 hours about a year or two after i was hired. So, I am kind of screwed, either do the job, make the same as I am currently making while others in the same job make more, or I get my hours cut. I love my job, love what I do, my co-workers are awesome so I really don't want to quit but that maybe my only choice. I can't afford a pay cut, especially w/ fuel prices the way they are.

Link to post
Share on other sites

Do you get a yearly job assesment that you sign? Simply add your new responsibilities to it, HR will do the rest. If your manager expects you to lie, then talk to HR about it. If none of this is remotely feasable, don't look for legal options. If you sue or report your employer, chances are they won't be your employer after that. You should probably look for another job or bite the bullet in that case.

Link to post
Share on other sites

SO your supervisor told you the decision was up to Head Office? Could you go to head office and ask for a pay scale raise, which reflects your new position and responsibilities?

Link to post
Share on other sites
Trialbyfire

Go back to your Supervisor and have her pursue it with Head office. In the interim, call your Labour Relations Board to see if they can ethically/legally blackmail you into taking unequal pay. Do it anonymously.

Link to post
Share on other sites
  • Author
mopar crazy

Thanks everyone for the advice. I will speak to my supervisor again and see what she has to say, if she can speak to the HO about a raise. If they refuse to give me one I will be looking for another job. I don't want to b/c I do like my job, but if they are going to take advantage of me I have no choice.

Link to post
Share on other sites
  • 3 weeks later...
  • Author
mopar crazy

On our way to training a couple weeks ago my supervisor mentioned the pay raise. She said I will be getting a raise but not sure how much or when. She said it could be next month, or it could be when their fiscal year ends in Oct. So, I will continue to do this job making the same wages for another month to 3 months, not happy about that but I guess there isn't much I can do about it. If I do not have a raise by the first of November I will speak to my supervisor again. She has no control over the raises but she is the one I need to go to. If she can't give me the answers then I will go to the HR Manager. If they later feel they can't give me a raise I will find another job.

Link to post
Share on other sites
Trialbyfire

You're one step closer to potentially getting what you deserve. Good for you for speaking up. Squeaky wheel, et al... :)

Link to post
Share on other sites

Are you in a union? If not, it's highly unlikely that the disparate treatment is illegal, unless you can prove that you're being treated differently because of your membership in a protected class vs. the others not being members of protected classes. It's certainly not wise from a management perspective though.

Link to post
Share on other sites
  • Author
mopar crazy

Thanks TB. Well, I hope I don't have to continue to be the squeaky wheel b/c I feel like my supervisor has enough on her plate right now but I deserve a raise. Put more work and responsibilities on a person, they deserve a raise.

 

 

Star, nope not part of a union. I have given it some thought and while I would HATE to take legal action (that is if what they are doing is illegal) I will still speak to an attorney. H has a friend that is an attorney so if it comes down to it I am sure he will be happy to give me some free advice, hopefully.

 

 

I need to take a peek at the Employee Handbook and see what it says. They might have something in there that states they don't have to give raises for a change in job duties. If it does say that, I best be hitting the pavement for something else. Sucks though b/c I come from a small town of less than 10,000 ppl so there isn't a lot of choices that I would be happy w/.

Link to post
Share on other sites
... Put more work and responsibilities on a person, they deserve a raise.

...

 

It's not quite that simple. There is this problem, called competition. Everyone, everywhere, does more work this year than last year, and did more work last year than the year before. The ones that don't lose their jobs, because there are always others ready to do that extra work for little or no extra pay.

 

I'm not saying you don't deserve a raise. I hope you can get one. But the idea that just because you get more done means you automatically deserve more money is just plain wrong. Living with that mistaken belief is a sure way to being unhappy most of the time.

 

Good luck.

Link to post
Share on other sites
  • Author
mopar crazy
It's not quite that simple. There is this problem, called competition. Everyone, everywhere, does more work this year than last year, and did more work last year than the year before. The ones that don't lose their jobs, because there are always others ready to do that extra work for little or no extra pay.

 

I'm not saying you don't deserve a raise. I hope you can get one. But the idea that just because you get more done means you automatically deserve more money is just plain wrong. Living with that mistaken belief is a sure way to being unhappy most of the time.

 

Good luck.

 

 

While I do understand what you are saying Virgo I don't think it's right nor fair that they are paying me a pay scale 2 for pay scale work 4. Also,it's not fair that the other people in the same job are making $1 or more an hour than I am, especially the ones that have been there less years that I have been for doing the same exact work.

Link to post
Share on other sites

If it was an overtime situation then it would be pretty obviously ilegal but companies do what your describing all the time in my opinion. Your best chance at making more money or changing your situation will be to find another job. Once you find another job you can use this as leverage or most likely just leave this job and work the new job.

Link to post
Share on other sites

I agree it does not seem fair. Why do you think people junior to you are making more money? I don't mean how do you know what they make, but rather what, in your opinion, has motivated your managers to pay them more than you?

 

There must be some reason or reasons. Do you have any idea what they might be?

Link to post
Share on other sites
  • Author
mopar crazy
Off-topic mopar but is that your shep in your avvy? What a gorgeous dog!

 

Yep, that is my baby. Thanks!

 

KMT, I guess I will see what next month brings, and if not next month I will bring it up again if nothing has been done in Oct.

 

 

My co-workers are even upset for me that they are still paying me my usual wage and not giving me a raise b/c the job has A LOT more responsibilty. If they ask if I got a pay increase I give them the truth, no.

 

And this was just another slap in the face but the other day my supervisor asked me (out of all of us staff) if I knew anyone that would be interested in a job opening in another dept, that is in the same pay scale as myself. She told me if I knew anyone to let them know the started wages has went up to **** which is $1 more than what I started out as 5 years ago. When this persons 90 day probation is over they will get a pay increase and make more than me. This is how the company works. They want to start new employeed out high to get ppl in there but they wont give their current employees raises b/c "It's not in the budget" excuse.

Link to post
Share on other sites

thats how it works at most places. A new employee will usualy come in at a salary higher then some one thats been there for years.

Link to post
Share on other sites
  • Author
mopar crazy
thats how it works at most places. A new employee will usualy come in at a salary higher then some one thats been there for years.

 

 

I wouldn't doubt that one but why did my supervisor have to tell me that? I would have never known they were going to higher the new staff personal at a $1 more an hour than what I started out as and then the new staff will be making more than myself after 90 days. My supervisor already knows how stressed and feeling taken advantage of b/c of the more responsibilities laid in my lap yet she tells me this? Didn't make me too happy. And my H was rather pissed she even mentioned it the pay.

 

If I had more job opportunities in the area I would quit this job in a heart beat. Even though the co-workers are awesome I wont let the company use me and that is what they are doing.

Link to post
Share on other sites
×
×
  • Create New...