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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 4019
Experience:  Contracts, Wrongful termination and discrimination
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Im a part time employee who is being paid less money an hour

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I'm a part time employee who is being paid less money an hour than the full time employees who were hired in the same week as me in the same area for the same tasks. My boss says it's because I'm part time and "hes not about to pay some kid who just got out of school the same as everyone else." Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

Is your employer located in New York City?
Customer: replied 1 year ago.

Were located in Hauppauge, Long Island.

Expert:  Zachary replied 1 year ago.
Thanks for your response.

Your case will fall under New York State law (as opposed to NYC law). This law prohibits employment discrimination based on age. In your case there seems to be an indication that age is the motivating factor in the decision not to pay you the same hourly rate.

Are there other people on part time shifts being paid at your rate?

Were you put on the part-time shift by choice, or were you also looking for full time shift work?
Expert:  Zachary replied 1 year ago.
I suspect that your employer will argue that he is paying you at that rate because you are part time.

However, if you can show that it is actually because of your age, then you would win in a claim.

To file a claim, you would need to contact the NY Department of Labor and follow the instructions on: http://www.labor.ny.gov/equal-opportunity/how-to-file-a-discrimination-claim.shtm

If you win the claim, you will likely be granted back pay at the correct rate and your employer will be ordered to pay you at the rate everyone else is getting in the same position.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

He claims he doesn't need part time work, however one of the supervisors relatives works 2 days a week at a higher rate tan me, reason being he works in a different area.


I was hired part time because I was leaving a 711 night job. I left 711 and started working full time hours, but I then developed an irritated rotator cuff and a thoracic sprain from a job and put in a claim to workers comp. Ive been harassed for this too.


I didn't understand what I had to do, so I had my mother, a Human resources employee at a separate company, call and talk the legalities. Instead she was transferred and hung up on several times and then finally told "you"re aggravating me, we don't want to talk to you." It also took them several days to forward the C2, n when my mother asked them to she was told "no".


I was then called into the office 3 minutes before lunch and told that my mother is harassing his employees and that I'm "causing a huge problem, I don't need people bitching and complaining. We've even had women do those jobs." He's threatened me with termination several times and has supervisors spy on me to make sure I'm working. I've also been told to work harder than everyone and MAYBE I'll make their wage in a year, to which I asked "why am I being held to a higher standard at a lower wage?" A supervisor has even told me my work is no good and to work harder even though I'm injured. I've gone back to part time to relieve myself from physical pain and harassment.


 

Expert:  Zachary replied 1 year ago.
I'm sorry to hear about this.

I think you should definitely file a wage discrimination claim with the state. This will provide you with some protection in case they try to take any other discriminatory action against you or terminate you for no reason.
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 4019
Experience: Contracts, Wrongful termination and discrimination
Zachary and 7 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks a lot for the help.

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