Oakland, CA asked in Employment Law for California

Q: If I'm currently making 16$ on promotion, should my wage increase if the cities min. wage now surpasses my pay?

I was hired in 2016 at 13$/hour. I was promoted 3 times in 2016; by 2017, my wage was 16$. I was promoted to manager after, making 21$, I then asked to be demoted and my pay dropped back to 16$ without consultation. There have been three min. wage increases since I was hired. I'm wondering if my wage should continue to go up a dollar each year even if I was promoted back in 2016. This year, I will now be making the same wage as newly hired employees, even though I'm on promotion.

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Sorry but no.

The minimum wage law is just that, a law that dictates the lowest hourly wage that can be paid in the jurisdiction, subject to some narrow exceptions. The minimum wage law does not legally dictate how an employer must pay those making more than the minimum wage. As long as you are being paid at least the minimum wage, it is acceptable for an employer to give you no pay raises ever.

If you cannot convince your employer to keep up with your relative wage, you have the right as an at will employee to leave that job at any time and find other employment where you can be paid a better living wage.

Good luck to you.

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