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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19778
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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How long can an employer work you in a higher paying position

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How long can an employer work you in a higher paying position without giving you that wage increase?
Hello,

Thank you for your question. Can you tell me if you are a union? Is there a set policy that says employees in a particular position must be paid a certain amount of pay? What is it that your management is saying about this issue?
Customer: replied 3 years ago.


We are not currently union ...I am in a set job code with job description and hourly wage, but am continually pulled to adjacent department to work and even fill in for that dept manager..I am currently a pay grade 2 and the dept I am pulled to are pay grade 4 and the manager is a pay grade 6. I have been told that they can work me in another dept but but not more than 50% of my shift..Is that based on per day or week I'm not sure.. Yesterday was told they can do it up to 12 consecutive weeks with out changing my pay grade

One more question, do you work for a government entity or a private employer?
Customer: replied 3 years ago.


I work for Wal Mart if that helps:(


 

Thank you again and yes, that does help. Unfortunately, neither Georgia nor Federal wage laws require that an employer increase the pay of an employee who works additional jobs or higher level jobs, whether temporary or not. In fact, no law that says promotions must involve in an increase in pay. However, if the employer has a written pay policy and pay bands for jobs, and a policy for when those bands apply, then they must follow those policies.

So, the issue is what your employer's actual policy says, which HR should know. You may or may not know that Walmart is notorious for playing fast and loose with wage laws and their policies. Whether by design or ignorance at the management level, I can't say. What I would suggest is that you contact corporate HR and find out the actual policy for the increase in pay. Whether it is 12 weeks or 50% of your duties (probably for a pay period), if they are not following their own rules, then you may want to file a wage complaint with the Wage and Hour Division of the U.S. Department of Labor.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD and 3 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you so much, Yes after 17 years I am all too aware of how WM is at playing fast and loose with everything! And we are always caught in the middle and end up the losers..I do thank you for your direction..Have a great day!

You're very welcome and best of luck to you!