Can Your Employer Pay You Less Than Other Employees?

by | Last updated on January 24, 2024

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Can your employer pay you less than other employees? 1. Is the California Equal Pay Act new? No, for decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work .

When two workers make the same job pay different?

Pay/compensation discrimination occurs when employees performing substantially equal work do not receive the same pay for their work. It is job content and not job titles that determine whether or not jobs are substantially equal.

Can I sue for being paid less than my coworkers?

If you are being paid less than a male colleague, you might be able to file a lawsuit . Federal law provides two avenues—an Equal Pay Act claim and a Title VII discrimination claim.

What to do if you are paid less than coworkers?

Why do some employees get paid more than others?

Occupational wages vary by industry and employer. Diverse working conditions, clientele, and training requirements are among the reasons why wages might differ from one employment setting to the next. Job tasks. Jobs for a specific occupation often have similar position descriptions, but individual tasks may vary.

How do you prove unequal pay?

  1. seniority;
  2. merit;
  3. a system that measures production; and/or.
  4. a “bona fide factor other than sex, race, or ethnicity.”

How do you fight for equal pay at work?

  1. Practice Civic Engagement. Effective legislation on local, state, and federal levels could make a big difference in eradicating the gender pay gap. ...
  2. Host an Event or Forum. ...
  3. Share About It on Social Media. ...
  4. Learn How to Negotiate Your Salary. ...
  5. Learn from Successful Women Who Inspire You.

How do you approach unfair payment?

It’s best to talk to your employer first, if you feel you can, and then put your questions in writing . You could also ask others at work about their pay and benefits, if it’s about equal pay. For example, you could ask someone of the opposite sex who does the same or similar work how much they earn.

Why do I get paid less than my colleagues?

With many employers, wage and salary information is private, confidential and between the company and the employee. Salaries are often negotiated, and factors like education, experience, job performance and skills all can make a difference in what people are paid.

Should I get paid the same as my colleague?

By law, men and women must get equal pay for doing ‘equal work’ (work that equal pay law classes as the same, similar, equivalent or of equal value). This means someone must not get less pay compared to someone who is both: the opposite sex.

What happens if an employee is underpaid?

You can sue a company for underpaying you if your employer is breaking the law by not paying you minimum wage or overtime, or misclassifying the type of worker you are causing you to miss out on wages or benefits. Every situation is different, so hiring a lawyer can help you determine whether you have a case.

How do you know if you’re underpaid?

  1. #1 – New Hires Are Offered Higher Salaries. It is a good idea to monitor job listings for your own company. ...
  2. #2 – You Haven’t Had a Raise Since Being Hired. ...
  3. #3 – There is Turnover All Around You. ...
  4. #4 – You Make Less Than College Friends. ...
  5. #5 – The Internet Says So.

How do I talk to my boss about unfair payment?

  1. Do your research. Know what others are getting paid in the market similar to your position and save examples that can be used during discussions. ...
  2. Bring it to your employer’s attention. ...
  3. Don’t play the blame game. ...
  4. If needed, escalate the situation. ...
  5. Be willing to leave.

What do you do when a new employee makes more than you?

  • Evaluate the situation. ...
  • Remain positive and friendly. ...
  • Track your productivity and success. ...
  • Research fair earnings. ...
  • Wait for the right time to talk with your boss. ...
  • Boost your skills. ...
  • Expand your professional network. ...
  • Schedule an appointment.

What do you do when an employee makes more than you?

  • Don’t act out of immediate anger. I know what you’re thinking: Duh. ...
  • Don’t mention specific names or salaries. ...
  • Don’t come unprepared with market data. ...
  • Don’t take ‘no’ for an answer. ...
  • Don’t stay at the company out of fear.

What is wage discrimination?

Predominantly, wage discrimination is considered to be rooted in prejudices of employers against women, who can indulge their discriminatory preferences because of imperfectly competitive product or labor markets [1].

Can my employer change my pay structure?

A contract of employment is a legal agreement between the employer and the employee. Its terms cannot lawfully be changed by the employer without agreement from the employee (either individually or through a recognised trade union).

Is equal pay a human right?

EQUAL PAY IS A RECOGNIZED HUMAN RIGHT , TO WHICH ALL WOMEN AND MEN ARE ENTITLED. The Equal Remuneration Convention, 1951 (No. 100) was the first international instrument on this issue.

What states have equal pay laws?

State Law/Citation Arizona Equal Wages Ariz. Rev. Stat. Ann. § 23-340, 341 Arkansas Wage Discrimination Ark. Code Ann. § 11-4-601, et. seq. California Equal Pay Act Cal. Labor Code § 1197.5 Colorado Equal Pay For Equal Work Act Colo. Rev. Stat. § 8-5-102, et. seq.

How do you tell your boss they underpaid you?

Krawcheck recommends setting up a meeting with your boss, reminding her of your recent wins, and then saying, “I’ve done some research, and it appears I’m underpaid by x percent.” Then stop talking. “We always want to fill the awkward moment, but just wait,” she says.

What do you do if your job doesn’t pay enough?

  1. Ask for a Raise — and Don’t Relent.
  2. Begin to Look for Other Opportunities.
  3. Negotiate from the Very Beginning at Your Next Job.
  4. Earn Extra Income.

Can you talk to HR about pay?

Salary Concerns

Smith says you can always raise concerns about your salary , but it doesn’t mean it will change anything. “HR has to consider internal equity, the pay band [which is how employees jobs are classified], budget, and performance,” she says.

Is it OK to be underpaid?

Being slightly underpaid is a great situation . It offers more options to maximize your career growth. In the long run, this is how you maximize your total compensation. Compensation growth must follow performance, not lead it.

Why you should know how much your coworkers get paid?

The Bottom Line on Sharing Your Salary Information

Gotchy, for one, is a fan of greater pay transparency. “ The ability to know how much co-workers earn is shown to help reduce both gender and racial and ethnic pay gaps .

When you find out your coworkers make more than you?

Your frustration is understandable, but do your best to stay calm and clear-headed. Mention your higher-earning coworker by name during your salary review . Focus on the value you bring to the company. Stay in a job if your employer refuses to pay you market value for your role.

Why do I get paid less than my colleagues?

With many employers, wage and salary information is private, confidential and between the company and the employee. Salaries are often negotiated, and factors like education, experience, job performance and skills all can make a difference in what people are paid.

What do you do when a coworker makes more than you?

  1. ASSESS THE SITUATION. It’s only human to feel frustrated after hearing someone you consider an equal earns more than you. ...
  2. DO YOUR RESEARCH. If you know that you and your co-worker are similar on paper, do some fact-finding. ...
  3. TALK TO YOUR MANAGER.

What does pay disparity mean?

Brief Overview. The wage gap in terms of gender is the difference between wages paid to women and wages paid to men .

Can employees in same job be classified differently?

Rachel Ostrander
Author
Rachel Ostrander
Rachel is a career coach and HR consultant with over 5 years of experience working with job seekers and employers. She holds a degree in human resources management and has worked with leading companies such as Google and Amazon. Rachel is passionate about helping people find fulfilling careers and providing practical advice for navigating the job market.