Legal Question in Employment Law in Colorado
A coworker and myself have worked for a company as "Temp Status" for 3 years. Everyone in our section is permanent. The two of us are paid the least at $8 an hour, at least $4 less than anyone else. We work daily juggling multiple computers, managing devices, training others, data entry, reports, using Excel/OneNote/Visio etc. Its very hard work. We're still not permanent, we're underpaid, and we're not working through a temp agency we're just temp status. They continually remind us that we have a non-compete agreement and say we cannot do similar work for anyone else for a year if we leave.
Do we have any rights to higer wages? We're both female, not the only females. It is a male dominated work enviroment. Several new employees are men, make more, and are permanent. Advice?
1 Answer from Attorneys
Assuming you are a nonexempt employee, the employer is required to pay you minimum wage. That is now $7,28 in Colorado so they are paying you as required under law. As to this temp status, that is odd but it has no legal relevance regarding wages because they are required to pay you as required under a contract or under minimum wage. That does not change if you are termed temp or permanent.
As to the non-compete, whether that will be effective depends on the terms and your position. Talk to an attorney to advise you on this.
As to rights to higher wages, the general answer is no. As long as they are paying minimum wage and you do not have a contract requiring a higher wage, they can pay you this amount regardless of what they pay other people, absent illegal discrimination. The fact that there are mostly males at work does not speak to illegal discrimination. Unless you have something substantive to show illegal discrimination, you really don't have a claim. Contact an attorney for assistance.
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