QUESTION

What can I do about unfair pay?

Asked on Nov 12th, 2016 on Labor and Employment - Texas
More details to this question:
Been working at this place for 3 years and o have talked to my employer five times last month about pay, he is avoiding me at work and still refuses to give me a pay raise. He pays e everyone with my position $2 more an hour than me and they have less time here. One of the others has been here longer but he also is paid more than me. What can I do?
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Most employees in Texas are "at-will" employees and can be fired or demoted, transferred or paid in any manner the employer sees fit, unless such actions are based on unlawful discrimination.  Exceptions exist to this "at-will" relationship if you have a specific written promise of certain wages, job duties or length of employment, which may come in the form of an offer letter, a contract or a collective bargaining (union) agreement with the company.  Short of those execptions, an employer can pay you (or not pay you) whatever he/she/it wants, even if it is unfair, as long as it is: 1) above minumum wage; 2) includes overtime (1.5 times the hourly rate) for non-exempt employees when you work over 40 hours in a week; and 3) as long as the differences in your pay and someone else's pay are not the result of discrimination on the basis of race, sex, age, religion, color, national origin, disability, pregancy or the filing of a workers comp claim. If you are at-will and you have no reason to believe that unlawful discrimination is the reason for the pay difference, your best bet is to find another job.  If you think you are being discriminated against on the basis of one of the above catagories (but not because your boss doesn't like you or plays golf with other workers) then you can report the discrimination to the EEOC or Texas Workforce Commission.  Be prepared to present them with evidence of your claim of illegal bias.  Just because you are a particular race, age or gender, etc. and your boss is something else, is not proof of discrimiantion.  If you are not getting minimum wage or overtime, you can report that to the US Department of Labor, Wage and Hour Division.  They have offices in all of the major Texas metropolitan areas. Good luck.  
Answered on Nov 14th, 2016 at 7:45 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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