Legal Question in Employment Law in California

Pay and discrimination

I work in CA,license for 21 years, over 23 years experience. I have attended extended education for 7 years at my own cost and buy my own equipment for special techniques I am trained for. My co-worker has 3 years licensing and experience, no continued education and does not have training in special techniques except what I provided her when I was preparing for a short(4 day) leave of absence to maintain my clients present needs(I trained 2 individuals, the other covered my absence as a temp). She was Hired soon after this. My boss purchased equipment for her. My hours and pay were reduced. She has been promoted to salary and I am still hourly. I have had pay witheld due to my boss feels he should only have to pay me for the time with client not the time to legally document their treatments. When I ask why he treats me differently I'm Told ''Because you are married''. Can he pay us differently even though we are both performing the same job? Can he withhold my pay for documentation yet pay her salary regardless of how may hours she sees clients or cancelations occur?


Asked on 9/18/01, 11:14 pm

1 Answer from Attorneys
Paul Crost Reich, Adell, Crost & Cvitan

Re: Pay and discrimination

Discrimination on the basis of marital status is illegal. If you are an employee, as opposed to a contractor, you are entitled to pay for all time worked. So you may have a discrimination claim for which you can file a complaint with the Dept. of Fair Employment, and a wage claim which you can pursue with the Labor Commissioner. Or you can consult an attorney in your area about possible representation.

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Answered on 11/05/01, 8:27 pm


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