Legal Question in Employment Law in Oregon

Advertised job opening

I have been a part-time lifeguard at our local YMCA making $6.75/hr. for the last 3.5 years. Today I found out that a job opening for a lifeguard was advertised last August for $7.50/hr. My question is: Is it legal for this job to be posted for $7.50/hr. when the other lifeguards and I make between $6.50-$7.00/hr? I am the lifeguard with the most seniority and have outstanding job evaluations. I was not told of the job posting and found out from the person hired for this position. Our responisbilities are exactly the same. I'm sure my facility's objectives were to pay competitive wages, but shouldn't they have raised the existing lifeguards' wages before advertising the $7.50/hr.? Thank you.


Asked on 1/13/03, 6:53 pm

1 Answer from Attorneys
Craig Crispin Crispin Employment Lawyers

Re: Advertised job opening

Other than minimum wage, the law provides no requirements about the amount of wages. The amount of a person's wages is a matter of contract (written or oral) between the employer and the employee. Although it is good human resources policy not to create unequal wages for similar positions, nothing in the law prevents the employer from doing so. You do have a right to join with your coworkers and request higher wages (the fact you join with your coworkers makes it "concerted activity" which is protected by the National Labor Relations Board -- a simple request for more pay, by an employee alone, is not protected, which means the employer legally can terminate for the request).

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Answered on 1/17/03, 5:28 pm


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