Employment Law

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I have worked for a private Jewish agency for over 10 years…

Customer Question
Hello, I have worked...

Hello, I have worked for a private Jewish agency for over 10 years and I am questioning is it fair to pay part time employees minimum wages for hours sleeping oppose to full time employees who do the same and get paid their regular wages. I feel that it is unfair when you both are actually on call on the job and immediately available if need be.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Pa

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Employment for me is part time but I relieve the full time person in the evening

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just want to shed some light on the situation. When asked why this was I was told because it fills the 40 hour work week for the full time person.

Submitted: 8 months ago.Category: Employment Law
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Answered in 14 minutes by:
10/6/2017
Employment Lawyer: Marsha411JD, Lawyer replied 8 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,881
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. I am not the arbiter of what might be fair or unfair, that is a perception issue. However, I can say what is legal and what isn't. In PA, as in all states, as long as an employee is paid at least minimum wage for the hours they work, the employer is not violating the law. This assumes that there is not a contract in place that doesn't require higher pay.

There is no requirement that two different classes of employees, part time and full time, be treated the same in terms of any of the terms and conditions of employment, including wage amounts. In other words an employer may choose to pay them a different amount as long as they meet the minimum wage and contract rules I mentioned above. The only additional restriction here is that an employer may not pay an employee less for the same work and qualifications than other employees if they are doing so because of the employee's race, national origin, sex, age (over 40), disability, religion, pregnancy or military service. If they did that, they would be violating both State and Federal discrimination laws.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to explain the law of your issue, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 8 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 6th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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