Q: Just promoted but I am below my employer’s published salary band due to a max raise per year policy – is this permitted?
My employer has a published salary band for each level. I have just been promoted but remain well below the minimum salary band due to a policy that a raise of more than 10% per year will not be given. Is this a legal policy? Given that a newly hired employee to my role would be paid more it struck me that it might technical violate requirements of equal work for equal pay.
A: Are you female? It might. Call us to discuss. If male new hires are paid more than females promoted from within for doing the same work that would likely be illegal. It's one reason why employers in New York may no longer inquire about past salary history. They are great cases we would be eager to pursue although they are rarely easy to prove. Evidence and strategy are key.
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