Legal Question in Employment Law in California

I work at Rubio's Fresh Mexican Grill in California, and when I was hired in April of 2010, my starting cashier's wage was $8.25/hr. I am still a cashier to this day. We had a managerial switch in August of 2010, and with her came an $8.75/hr payroll for cashiers. I just found out today that cashier's now are paid $8.75/hr, and was never placed on the new payroll which began back in August of 2010. My manager never informed me I was still at the old pay while my entire colleague congregation of cashier's got a higher pay, MANY of which I trained. I have been missing out on the extra $.50/hr I should have received a year ago, yet my manager states "since you were on the old payroll and manager, you cannot switch to the new payroll as a cashier". It's unlawful that I am payed less than my fellow cashier's, and have trained them all and have been there the longest. What legal actions can I take in order to gain the lost money back and get on the new payroll, which they refuse?


Asked on 9/11/11, 10:43 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I am sorry to have to tell you this but there is no legal obligation your employer has to pay you anything more than minimum wage. The terms of an employment relationship is based on contract. An employer offers to pay a certain wage and the employee either accepts employment at that wage or rejects it and looks for work elsewhere.

Based on your post, Rubios never agreed to pay you anything more than $8.25 an hour. The fact that it agreed to pay other employees a higher wage does not create some legal obligation to pay you what it is paying them. There is no law that says everyone performing a certain job must be paid exactly the same.

Now, if you have evidence that the real reason you are being paid less is due to race, gender, age, or any other basis upon which to form a discrimination complaint, you should discuss that with an attorney to see if you have the basis for a case. But if this is simply a matter of Rubios not treating you fairly, you are out of luck and your only option is to find a job that pays you more.

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Answered on 9/12/11, 3:15 pm


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