Legal Question in Employment Law in California
Compensation in difterent sectors
Although I am making more now than I did in the past, My fiance
says that I am being grossly under paid. She asked her HR
manager about my situation, and came home with an HR
worksheet that said that I should be paid a significantly higher
ammount.
It would almost double what I am being paid now. My thinking is
that she is coming from a tech sector and I am working in the
publishing industry. There are going to be differences in
compensation. She's always talking about how inequitable my
employer is compared to hers.
With all the responsibility and skill that am required to take on
being employed with this company, sure I believe that I should be
paid what she is saying I should be paid. But is there any law that
states a minimum wage other than the ''Minimum Wage Law'' of an
IT Manager in California?
I asked my HR manager about exempt vs non exept status and
she says that it's an agreement between manager and employee.
I wasn't yet prepared to go all the way and ask for more money just
yet. Either way if this worksheet has any legal merit, I feel I might
be owed back pay. But I find nothing in my research that states any
minimum rates of pay besides the minimum wage law.
3 Answers from Attorneys
Re: Compensation in difterent sectors
The pay scale at your finace's workplace in one industry has nothing whatsoever to do with what you should be paid in yours, and it is ridiculous for her to compare them.
To figure out if your pay is comparable to others at your level in your industry at similar sized companies, you could do some research on the internet. However, there is no law that companies have to pay their employees the same, so long as they are complying with the wage an hour laws.
Which brings me to the exempt status issue. Your HR manager is mistaken. This status is a matter of federal law, not an agreement between employee and manager, and depends on a number of factors.
Re: Compensation in difterent sectors
More information is needed to analyze your claim. If your claim involves the rate of pay you are recieveing, there is little you can do - wage rates are a matter of negotiation between employer and employee.
Exepmt status may not be based on agreement. Rather State and Federal law determines whether exempt status is proper. If you are paid a salary and classified as an exempt employee, I will need to know your duties to determine whether you are classified properly.
Feel free to call me at 800-522-6728 to discuss your matter further.
Re: Compensation in difterent sectors
You're owed pay at the rate you agreed to work for. If you want more, ask for a raise. If you are improperly classed as salaried, and have been working more than 8/40 hours, you could make a claim for unpaid OT. Counsel can help with the claim and Labor Commissioner hearings. Contact me if interested in doing so.
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