Unfair Treatmet at Work, Singled Out and Not Getting Overtime
For a while now my boss has been, in my opinion, has been treating me unfairly at work. He constantly makes comments about me being on too much money in front of members of staff that report to me.
There was an opportunity to do over-time which he agreed to pay people time & a half except for me as I earn too much, surely this is discrimination. When challenged he changed his story to include another girl saying we would be paid time but our targets would not be increased but the others without targets would be paid time & a half because they would not obtain a bonus.
A few weeks ago I had a meeting with him to discuss my annual increase, put forward my achievements for the year and he agreed to try to get me a good increase. I have since found out that he did not and said that is all I can get but has given a male that reports to me a considerable increase for no reason what so ever.
Can anyone advise me on what to do please?
Thanks, Claire
Answer: The first thing I have to ask is this, are you hourly or salary? If salary, you don’t get overtime (time and a half). If you are hourly, anything over 40 hrs must be paid as overtime. It’s the law, but you might want to check your state’s laws. They’re all pretty much the same, but just to be sure. That’s strike 1 against him.
Strike 2 may be him paying the other person more than you. Here is what the EEOC says about Equal Pay/Compensation Discrimination:
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay.
An individual alleging a violation of the EPA may go directly to court and is not required to file an EEOC charge beforehand. The time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: within two years of the alleged unlawful compensation practice or, in the case of a willful violation, within three years. The filing of an EEOC charge under the EPA does not extend the time frame for going to court. You can read more here: http://www.eeoc.gov/laws/types/equalcompensation.cfm
Have you documented everything? Do you have copies of your performance review? Click here to get a free report to learn how to document problems at work.
And PLEASE get a consultation with an attorney. Click here to find pre-screend employment law attorneys in your area. Do it ASAP. Ideally, you need to have all of your documentation done and in chronological order before your first meeting.
