Employment Law Questions? Ask an Employment Lawyer.
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Well, I completely appreciate the frustration you and your son share about how he is being paid. Unfortunately, however, there is no general requirement that employers be fair in terms of how they pay their employees. The only requirement is that an employer does not base compensation decisions on legally protected traits, such as race, religion or disability. For example, it would be illegal to pay your son cleaner wages for floor tech work if the reason for that decision was because he is Hispanic. However, in the absence of proof that his employer is motivated by a legally protected trait, as defined above, there is no general fairness requirement and the employer's only obligation is to pay at least minimum wage, plus any applicable overtime.
Now, just because it's not illegal to pay an employee unfairly doesn't mean they can't do anything about it. They can complain and make an appeal to the employer's sense of fairness to try to get their compensation increased. They can also leave the employment for a better job somewhere else where they are paid what they deserve. It's just that from a legal standpoint there is regrettably nothing that can be done.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
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