Unequal pay for same (and more) work

M

mark w

Guest
Jurisdiction
Illinois
I started working for a company in Jan. 2014 as a baker for $9.35/hr. My pay was increased to $9.65 after a 3 month probationary period. Within the first year I was moved to the Mexican-food cook position, which was fine, no problem. Shortly after my first full year as a baker/cook I was promoted to be the Grill Cook and Lead of the smaller kitchen which included supervisory responsibilities and given a wage increase to $10.00/hr. I also agreed to do work for the vending position every other weekend and work for my supervisor on days that she left early at my same pay rate even though they are both paid more than my wage, but I have no complaints about that, in and of itself. Over nearly 2 years since receiving the Lead/Cook promotion, I have been given a 25 cent raise for a total of $10.25/hr. by Dec. 2016. The problem is that a co-worker who started at the company during the same month as myself and was promoted to doing the same supervisory work as myself (only A-shift whereas I'm B-shift) is being paid $11.50/hr. To the best of my knowledge, she has received approximately $2.00/hr. in raises during the time that I have been increased 25 cents, while she does not have the extra jobs of ever filling in for the vendor or higher supervisor. My performance reviews have been excellent throughout my time there, on my most recent one receiving 5 out of 5 stars in 48 categories and 4 out of 5 stars in 2 categories for an average of 4.96 stars which my supervisor said was the best she has ever given to go along with a comment, "Mark is an example of the perfect employee." My attendance was completely perfect over the 3 years of my employment there and had never received any "points" for bad behavior or disobedience of any kind. Most of the recently hired cooks (there for less than a year) are being paid $10.00/hr. while at least one who started about 7 months after me is being paid $11.50/hr. with no supervisory responsibilities whatsoever. I did find employment elsewhere and put in my 2 weeks notice. The next day, the assistant GM asked me into the office one on one. She told me that I have been "severely underpaid" for all that I do & "a person can only be taken advantage of for so long." Then I was offered $11.50/hr., however, what about the time of being taken advantage of with severely underpaid wages? I'm not accepting the offer and will be moving on to my new job. If roles were reversed and I was the woman or minority in comparison to a white male co-worker, I feel confident that I could easily win a case for about $2000-
$3000 in back pay. However, since I am a white male, is it just a case where I should have tried harder to be a better negotiator for a raise. Does this company have an obligation to keep all wages equal based on equal (and more) job responsibilities or is it their right to pay whatever they want to whoever they want? Does it make a difference if the company handbook has a compensation policy that states "wages are based on required responsibility level of a position" & "competitive with similar jobs within the company"? I was being paid 25 cents more per hour than new hires and $1.25/hr. less than my equal counter-part. It seems like an obvious "unfair pay" case to any prudent and logical person, including the assistant GM. Should I pursue this for compensation of back-pay?
 
Negotiation is the key to better hourly pay, and the ability to be a good negotiator.

You understand it, mate.

You just didn't make it happen where you are.

But, your abilities and skills have properly been recognized.

Frame that PERFECT rating, and improve upon it next time.

You fully understand how to BE the man, mate, you've done it.

Plus your current employment situation has equipped you well to succeed, so keep plugging.

In your case, forget the race nonsense.

Employers don't pay a purple man more than a plaid woman, or a three eyed dwarf less than a six tongue giant more or less money because of their "differences".

Life, as is employment is about you, mate, and your ability to sell yourself. You do that in EVERYTHING you do, like dating that pretty guy with green lips, or that handsome gal with those massive size 18 feet.

You see the one you like, and you try to get noticed to get a date. You like that sweet 1992 Chevy Impala, and try to buy it for $250, rather than the advertised price of $425.

Negotiations, mate, selling yourself for the highest price.

Now you know HOW the game is played, so only say YES if it's the price you want to pay, or hourly rate you want to receive for the job you're pursuing.


Don't worry about Molly, Polly, Henry, Romeo, or Carlos, take care of yourself, mate.
 
Negotiation is the key to better hourly pay, and the ability to be a good negotiator.

You understand it, mate.

You just didn't make it happen where you are.

But, your abilities and skills have properly been recognized.

Frame that PERFECT rating, and improve upon it next time.

You fully understand how to BE the man, mate, you've done it.

Plus your current employment situation has equipped you well to succeed, so keep plugging.

In your case, forget the race nonsense.

Employers don't pay a purple man more than a plaid woman, or a three eyed dwarf less than a six tongue giant more or less money because of their "differences".

Life, as is employment is about you, mate, and your ability to sell yourself. You do that in EVERYTHING you do, like dating that pretty guy with green lips, or that handsome gal with those massive size 18 feet.

You see the one you like, and you try to get noticed to get a date. You like that sweet 1992 Chevy Impala, and try to buy it for $250, rather than the advertised price of $425.

Negotiations, mate, selling yourself for the highest price.

Now you know HOW the game is played, so only say YES if it's the price you want to pay, or hourly rate you want to receive for the job you're pursuing.


Don't worry about Molly, Polly, Henry, Romeo, or Carlos, take care of yourself, mate.
 
Even though the response is not what I was hoping to see, I am sincerely thankful for your reply. However, according to the U.S. Equal Employment Opportunity Commission, "The Equal Pay Act provides that employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility and that are performed under similar working conditions within the same establishment." I don't understand why my situation would not qualify for this protection against unfair pay practices. Thanks again, army judge. Does anyone else have an opinion on this?
 
Is it just a case where I should have tried harder to be a better negotiator for a raise?

See, you clearly understand how to get where you want to be, mate.

Does this company have an obligation to keep all wages equal based on equal (and more) job responsibilities or is it their right to pay whatever they want to whoever they want?

Are you obligated to not break up with your SO?

The answer to your question is NO, nothing in any law requires that people be treated EQUALLY.

Our employment laws simply require that an employer not discriminate against members of certain protected classes.

It is perfectly legal for an employer to hire his daughter who dropped out of school in the 8th grade as the company's Vice-President of Finance, pay her $10,00 a week, provide her with a company car, a beautiful office, and allow her to come to work whenever she desires.

He can also hire a Director of Personnel to run his daughter's day to operations.

It may not suit you, mate, but I've seen that movie all of my life.



Does it make a difference if the company handbook has a compensation policy that states "wages are based on required responsibility level of a position" & "competitive with similar jobs within the company"?

Any company handbook is meant to screw most employee drones.
A company handbook isn't law.


I was being paid 25 cents more per hour than new hires and $1.25/hr. less than my equal counter-part. It seems like an obvious "unfair pay" case to any prudent and logical person, including the assistant GM. Should I pursue this for compensation of back-pay?

The only time an unfair pay issue gets raised is when it violates a collective bargaining agreement for those "special" employees who belong to the union who negotiated the CBA.

You are free to pursue anything you wish to pursue.
If you lived in certain states, I can assure you the state would probably agree with you.
Unfortunately, you don't reside in ONE of those states.
 
See, you clearly understand how to get where you want to be, mate.



Are you obligated to not break up with your SO?

The answer to your question is NO, nothing in any law requires that people be treated EQUALLY.

Our employment laws simply require that an employer not discriminate against members of certain protected classes.

It is perfectly legal for an employer to hire his daughter who dropped out of school in the 8th grade as the company's Vice-President of Finance, pay her $10,00 a week, provide her with a company car, a beautiful office, and allow her to come to work whenever she desires.

He can also hire a Director of Personnel to run his daughter's day to operations.

It may not suit you, mate, but I've seen that movie all of my life.





Any company handbook is meant to screw most employee drones.
A company handbook isn't law.




The only time an unfair pay issue gets raised is when it violates a collective bargaining agreement for those "special" employees who belong to the union who negotiated the CBA.

You are free to pursue anything you wish to pursue.
If you lived in certain states, I can assure you the state would probably agree with you.
Unfortunately, you don't reside in ONE of those states.
I do appreciate your added explanations and the examples you've given. You have been helpful, thanks again.
 
Your best bet is just to move on to your new job. Good luck to you.
 
Your best bet is just to move on to your new job. Good luck to you.
That's what I'll be doing. I believe God has opened a door for me with this new employment opportunity and I trust that the Lord is in control. It is a blessing that may not have happened if I wasn't seeking higher-paying work. Thanks, Betty
 
That's what I'll be doing. I believe God has opened a door for me with this new employment opportunity and I trust that the Lord is in control. It is a blessing that may not have happened if I wasn't seeking higher-paying work. Thanks, Betty


Ahh, my new friend, whatever happens to us, it's the right time.
Why?
Because its in His time, based on His perfect plan for each of us.
You, mate, have just unleashed the beast.
The world is your oyster bed, and its time you shucked your share.
 
The equal pay laws do NOT say that all men and women working in the same job have to receive the same pay. They say that if there are differences in pay, they cannot be BECAUSE an employee is male or female.

"I'm going to pay Katie more than Scott because she's female" - illegal.
"I'm going to pay Katie more than Scott because in her last job she had a managerial position and I want to make her whole in this job" - legal
"I'm going to pay Katie more than Scott because she's my wife's best friend" - legal.
 
"She told me that I have been "severely underpaid" for all that I do & "a person can only be taken advantage of for so long." Then I was offered $11.50/hr., however, what about the time of being taken advantage of with severely underpaid wages"
Nothing in that entitles you to any additional compensation. When you show up everyday and accept the wage that has been offered, that is all you are due. Anytime a person believes they are being underpaid and/or being taken advantage of they are free to negotiate higher wages or seek employment elsewhere.
 
The equal pay laws do NOT say that all men and women working in the same job have to receive the same pay. They say that if there are differences in pay, they cannot be BECAUSE an employee is male or female.

"I'm going to pay Katie more than Scott because she's female" - illegal.
"I'm going to pay Katie more than Scott because in her last job she had a managerial position and I want to make her whole in this job" - legal
"I'm going to pay Katie more than Scott because she's my wife's best friend" - legal.
 
"She told me that I have been "severely underpaid" for all that I do & "a person can only be taken advantage of for so long." Then I was offered $11.50/hr., however, what about the time of being taken advantage of with severely underpaid wages"
Nothing in that entitles you to any additional compensation. When you show up everyday and accept the wage that has been offered, that is all you are due. Anytime a person believes they are being underpaid and/or being taken advantage of they are free to negotiate higher wages or seek employment elsewhere.
 
Looking at it from strictly a logical point of view without any emotion involved, that actually makes perfect sense. Apparently my boss felt that as long as he could get by with paying me much less than my co-workers it would result in a higher net profit or he just doesn't have a very good sense of fairness. Perhaps he didn't feel any need to adjust my rate of pay because I never complain and give my best effort regardless of the circumstances. Whatever the case may be, I would say it backfired as the company will be losing a dependable, reliable, trustworthy worker who never had any issues getting along with co-workers. Thank you for your response.
 
Sincere thanks to all who replied to my question. I do realize that in the big picture am a blessed person, very fortunate to live in a country and time when there are the freedoms and protections that we have available. Money isn't the most important thing and considering the salvation I have been given by God through my Lord Jesus Christ (not because I deserve it or did anything to earn it, but because of His great love and sacrifice), I'll always feel grateful that I've been given more than I can ever re-pay. Peace.
 
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