Phoenix, AZ asked in Employment Law and Employment Discrimination for Arizona

Q: If my position paid over min before the increase in January and now I'm only making min, is that legal

Also note my coworkers that hold same position, but for less time , may it be in general or only at my location, and that have more complaints and refunds and money missing and things on their shifts that I don't have happen, are all making more than me and they are all under 25, and I am a 42 yr old mother of 2 with 25 yrs of food service/bar/management experience under my belt whereas these kids this is most of their only job ever

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Employment Law Lawyer
  • Frisco, TX

A: Unless you have evidence that the specific reason you are being paid less than your younger co-workers is your age, you probably don’t have a valid claim for unlawful employment discrimination under the facts stated in your question.

It is lawful not to increase the wage rate of a worker because of an increase in the minimum wage as long as that worker is being paid at least the minimum wage. Some people analyzing the effect of minimum wage increases conclude that such increases often lead to employers freezing or delaying wage raises for employees like you earning hourly wages just above minimum wage.

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