Legal Question in Employment Law in California

Differential pay and decreesed pay

I work from 6:00pm to 3:00am.when hired, Iwas originally sceduled 5:00 to 2:00, and they changed it so it would coincide with my husbands work scedule. When I found out these hours entitled me to $1.00 per hour more I asked a manager and was told since they were accommadating me they didn't have to. Is this true? Also, due to my job performance I was moved from the department I was in to electronics (in a department store) which paid ,35 cents more per hour, by an asst. manager. Later, it turned out it was never approved by the manager, who ordered me to return to original department, which pays less. I like the new department and want to remain tyhere. I had to take over 30 cbls ( computer based learning courses ) and pass several tests for the electronics department. I am wondering what rights I have ( if any ) in this situation, and if they can really decress my pay in these ( or any ) circumstances?


Asked on 1/14/05, 12:12 pm

1 Answer from Attorneys
Alden Knisbacher knisbacher law offices

Re: Differential pay and decreesed pay

There are several facts that are missing in order to give you a complete answer; however, it does sound like the company is coming up with excuses to deny you pay owed other employees -- the extra $1 per hour sounds like money that should have been paid to you, as other employees were receiving it (I don't know whether there's a union contract, or what the company has written about its payscales -- but the company's excuse does not sound like a valid reason to deny you that pay.) As for the transfer from electronics back to your old department, you might be able to take action against the company under various legal theories: (1) that you were retaliated against for seeking the extra $1 per hour; (2) that you are being discriminated against, compared to men; (3) that you relied on company promises that you could have that job; and based on those promises spent money on courses, etc. to obtain the job. . . this is a rough sketch of your rights, without knowing all of the facts -- feel free to email me at below address or [email protected]. Good luck.

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Answered on 1/18/05, 5:38 pm


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