Legal Question in Employment Law in California

i work at a fastfood chain here in san diego.. my co-workers been here in the company for almost 5years but their salary are still at the minimum $8.00/hr because the company says that they work only as a part-timer! do they have any right to ask for an increase of salary?


Asked on 12/14/10, 7:39 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

There is no such thing as a right to an increase in salary. The law sets the minimum standards. As long as employers comply with minimum wage and overtime premiums, that is all they are required to do. You can always ask though.

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Answered on 12/20/10, 10:26 am
Terry A. Nelson Nelson & Lawless

Ask away. The company has no obligation to pay more than minimum wage. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the CA wage and hour laws, and formal company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 12/20/10, 11:18 am


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