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I currently work a full-time job and have taken on a second…

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I currently work a...

I currently work a full-time job and have taken on a second part-time job at an answering service. When I hired on to the second job, it was represented to me that base pay was $10/hr for training and then would increase to $10.50/hr after training. This occurred. After training, my wage was raised to $11.00 base pay, plus incentive for attendance, statistics, etc. On the average, when all criteria are met, I earn $11.50 per hr.

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

One of the incentives of this job was that I could work part-time at home. With that goal in mind, I started acquiring equipment to work at home. I just recently learned that the company requires that employees going home to work to sign an agreement that reduces their wage to between $9.50 to$10.50 per hr. My perspective is that this agreement is not legal because employees doing the same type of work for the same company, regardless of location are doing the same work. Am I correct and is this agreement illegal? I have talked with the manager and he got defensive when I pointed out to him that it was a wage disparity between employees doing the same type of work.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

For the second job, I am "at will"

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

Only that the company has several work-at-home employees who have agreed to a reduced wage in order to work at home and that the company has over 50 employees.

Submitted: 4 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/19/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Unfortunately, while your thoughts on this are understandable, they are not supported by the law. Nothing in the law says that individuals have to be paid the same amount of money simply because they are doing the same work. The general idea of wage disparity is not a legal concept in employment law.

People often mistakenly think that is true based on other very specific laws concerning fair wages. An employer cannot, for example, say that all women get $1 less than men. That is because a law specifically protects against gender discrimination. An employer cannot say that all Caucasians get $1 less than non-Caucasians, because there is a specific law against race discrimination. An employer cannot say that people with disabilities get $1 less those who are not disabled....again, because there is a specific statute against that sort of wage disparity.

However, there is no statute that says that people that work at home have to get paid the same rate as people that do not. The employer has a legitimate, non-discriminatory basis to make that distinction, seeing working at home as a privilege that some people may be willing to pay for.

Regrettably, the employer's agreement and their position is perfectly legal.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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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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