Legal Question in Employment Law in California
Low Wages
My friend has been an Asst Mgr at a major-name video rental company for several years, yet she is still making only $12/hour or about $25k per year... despite making multiple requests for a competitive wage. The median salary for this type of position is $35k - $43k depending on company size and other variables. We're talking many years of being underpaid by at least $10k. Is there precedent for suing an employer for underpaying like this? Does she have a case?
3 Answers from Attorneys
Re: Low Wages
The only rate of pay an employer must lawfully offer is minimum wage, plus overtime premiums for hours worked in excess of 8 a day or 40 a week. Ask your friend if they are, at least, paying her overtime.
If the employer tends to pay lower wages to women, as opposed to men, or treat any group of people less favorably than another identifiable group, there may be evidence of unlawful discrimination.
Otherwise, your friend should do what she probably should have done a long time ago and find a better paying job.
Re: Low Wages
In addition to the questio of discrimination, if your friend is required to work overtime hours, at that low wage she may have a good claim for overtime pay -- for the past four years of work. . . feel free to contact further at my private email below.
Re: Low Wages
No. Not unless she can show gender discrimination in the salary, meaning that men with the same seniority, qualifications and experience in her company, doing the same job, are paid much more. If so, have her contact me. Otherwise, look for a better job.
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