Q: Getting paid less then new hires that I have to train. Is it legal?

I got laid off Dec 2019, got rehired 2 weeks ago, I asked for $14 an hour. My manager said they couldnt pay me that. I had a friend apply and she got hired and will be paid $14 an hour. I will be training her and yet getting paid less then her. Is it okay for employers to do that? I am 45 years old, my friend is 29 years old. I have 2 years prior experience working for this company, and my friend has none. I am grateful they are hiring my friend, and I am also grateful to have a job, I dont think my manager tried to get me what I asked to be paid.

3 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: The answer is that it depends. If you feel you are being discriminated against, because of age, sex, nationality, race, or for any number of different reasons, it could be improper. You would have to provide a lot more detail than you have to make any real determination. If you think you might be the subject of discrimination, you can always file a complaint with the State of California Department of Fair Employment and Housing (DFEH). You can find them online at http://www.dfeh.ca.gov/. All you need to do is copy and paste the link into your browser. You will find all the information you need about how to file a claim of discrimination.

Good luck to you.

1 user found this answer helpful

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: It is generally not unlawful to pay newer employees more money than those with more seniority. Seniority has no power or priority unless you are in a union environment.

However it is unlawful to be treated poorly because of your race, or age over 40, or other membership in a protected class of people. Therefore more needs to be known about your situation before someone can determine if what is happening to you is lawful or unlawful.

Good luck to you.

1 user found this answer helpful

Maurice Mandel II
Maurice Mandel II
Answered
  • Employment Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Age discrimination is established by proving 3 things: 1. your are over 40. DONE. 2. You were denied an employment benefit. DONE- equal pay. 3. There is a reasonable inference that 1 and 2 are related. DONE- when you prove that individuals that were younger and less qualified received more money than you did. The manager's lie about rate of pay could be further evidence of age animus. You should contact a local Employee's Rights attorney as soon as possible. You can file a complaint with the DFEH on their website. Be ready to name names. Look out for other forms of harassment or discrimination by this boss.

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