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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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If your employer states wages are determined by years in profession,bu

Customer Question

If your employer states wages are determined by years in profession,but hires a new worker at a higher rate with less time in that profession than the present employees who are performing the same job title, do those employees have grounds for adjustment in their wage. Also if this "policy of wage per years" is in effect but not revealed to these employees months to years later and they haven't been paid accordingly would they be entitled to retroactive pay?
Submitted: 2 years ago.
Category: Employment Law
Customer: replied 2 years ago.
FYI we are in the medical profession. We work in a hospital that is privately owned.
Customer: replied 2 years ago.
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Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
In general, company policies do not create binding legal obligations on the employer. They are simply interpreted by courts as guidance, offered to give employees a general idea of how the company does business--nothing more. Furthermore, employers are under no obligation to reveal the salaries of other employees, or to provide accurate information with regard to the salaries of others. So, the fact that your manager denied deviation from the established payscale would not violate any law.
The bot***** *****ne is that employers could have many reasons for paying one employee more than others. The fact they have an established payscale does not legally prevent them from doing this, nor does it require the employer to be transparent about what other employees are being paid.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. 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.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Customer: replied 2 years ago.
In regards ***** ***** question regarding an employer who pays his staff according to a pay scale; isn't it required to inform the employees that such pay scale does exist and to pay them according to this pay scale i.e(length of time in profession), and if they have not since this scale has been active, does this constitute a violation? Shouldn't the employer provide employee with information on how said employee(s) wage is based. Especially if they are using an across the board scale?
Expert:  Patrick, Esq. replied 2 years ago.
Unfortunately, there is no law that requires an employer to reveal a payscale, nor is their any law which requires an emploer to explain how an employee's rate of pay was decided. This is because the law affords employers complete freedom with regard to how they choose to compensate their employees, provided they follow minimum wage and overtime laws. Since employers can choose to pay whatever they want (of course, it is still up to the employee to decide whether they want to work for that wage or seek better employment), the law does not require employers to provide their reasoning for what they decide to pay. Likewise, since employers can pay whatever they want, the law does not require employers to reveal that they utilize a payscale to determine what employees will generally be paid. Unfortunately, the law is very clear in these respects.
Please let me know if I Can be of any further assistance to you.