Q: Incorrect job classification results in unfair pay. Can I sue?
Employer informed job classification is lower than what is appropriate for the type of work I do. As a result, I’m being paid less than I should be. As job duties continue to increase, my salary has not been corrected. What can I do to receive fair compensation?
A: Unfair pay can be negotiated to a more fair salary amount, but there's no legal claim for it. The only exception is for cases where you have been misclassified as exempt from overtime pay but you are, in fact, working overtime hours without getting paid overtime (in other words, you might be getting a salary, but you don't supervise any employees or have discretion to make important decisions, and therefore should be getting overtime when you work more than 40 hours in a week). If you can't negotiate a fair amount of pay, you can always look for a better job elsewhere.
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