Legal Question in Employment Law in Pennsylvania
new employee earning more per hour
Is it legal for an employer to pay a new employee more per hour? while having no experiance in the work that she must do yet be paid more than co-employee that was ordered by employer to train the new employee while the co-employee training the new employee is making less per hour and has worked for empoyer for over a year. is this right? or may this be a race preferance issue?
1 Answer from Attorneys
Re: new employee earning more per hour
It depends.
The matter is highly fact specific. If there is a legitimate reason for paying a new employee more than that is the right of the employer. Such as if the market changes demand that wages be higher. Or if the new employee has better experience or training.
But, if there is a prohibited discriminatory reason for the disparity then the employer is liable to the discriminated employee for actual damages, statutory penalties and possibly legal fees and costs.
I would be interested in discussing this matter with you further. I have expertise and expreience in discrimination matters. Contact me to arrange a meeting.
Roger Traversa