Significantly lower salary than counterparts

[Datman07]

What is the name of your state (only U.S. law)? VA

Hello All,

I am currently in a situation at my company and not sure how to go about trying to get the problem resolved without retaliation.

I have been with the same company for the past 8 years. I came in at a low level, but have been promoted 3 times since. I had always suspected my salary was low compared to others in the same position, doing the same level of work, but did not realize how low until I did some independant research. I had always suspected my salary was low due to the fact that I had not recieved any significant increases the past few years. Once I researched, I found out that I was being paid $10k less than my counterparts and even being paid less than people coming into the company from off the street.

I have mentioned the discrepancy to my direct supervisor, but not much has come of it since leading me to believe there is someone at the top insisting that I be paid significantly less even though I am doing the same level of work. Not only is it an unfair practice, but I have no clue as to why I am being singled out. Should I report this to my HR group? Or is there anything I can do short of leaving the company. I would rather not since I have been there for so long, but if there is no other direction to go, what else can I do??

Please note that I have always recieved great reviews and have never been reprimanded at anytime for anything.

 

[Zigner]

Nothing illegal, improper, or even unfair is occurring. Yes, an option would be to find a job that pays you more in line with what you feel you are worth.

 

[Beth3]

It's not unlawful to pay you less than your counterparts, unless the reason is your gender, age (if over 40), race, religion, etc.

While there are issues of internal equity that I'm sensitive to, when an employee comes to me and says they should be making more because Tom, Dick and Mary are more highly compensated than they are, I'm underwhelmed. What I am impressed with (and pay attention to) is when an employee makes a case as to why they should be paid more based on their results. In other words, they have taken the time to detail their accomplishments, contributions to department/company goals, assistance to others, timely project completion, and so on. I suggest you take the time to do this and then schedule a time to meet with your supervisor to review with him or her. You need to demonstrate that you should be paid higher based on your own merits, not because your peers are paid more than you are.

I have mentioned the discrepancy to my direct supervisor, but not much has come of it since leading me to believe there is someone at the top insisting that I be paid significantly less Anything's possible but this is an assumption with no evidence to back it up.

 

[Datman07]

It's not unlawful to pay you less than your counterparts, unless the reason is your gender, age (if over 40), race, religion, etc.

While there are issues of internal equity that I'm sensitive to, when an employee comes to me and says they should be making more because Tom, Dick and Mary are more highly compensated than they are, I'm underwhelmed. What I am impressed with (and pay attention to) is when an employee makes a case as to why they should be paid more based on their results. In other words, they have taken the time to detail their accomplishments, contributions to department/company goals, assistance to others, timely project completion, and so on. I suggest you take the time to do this and then schedule a time to meet with your supervisor to review with him or her. You need to demonstrate that you should be paid higher based on your own merits, not because your peers are paid more than you are.

I have mentioned the discrepancy to my direct supervisor, but not much has come of it since leading me to believe there is someone at the top insisting that I be paid significantly less Anything's possible but this is an assumption with no evidence to back it up.

I completely understand what you are saying and have actually tried this exact approach with no results. Just to clarify, i'm not saying that I should get paid X-amount because that is what so and so is making, i'm saying it is becuase that is what EVERYONE ELSE is making. If i'm doing the same work, and providing similar results, I should get paid somewhere in the same ballpark. Unfortunately, i'm not even in the parking lot at this point.

So from what i'm hearing, there is not much I can do short of leaving the company altogether. Very frustrating issue and thought that would be the response I would recieve, but had to ask. I wouldn't be suprised if there was some element of discrimination involved (as the company has had issues prior), but almost impossible to prove unless in writing.

 

[swalsh411]

Unless it's discrimination based on something that is legally protected it's not illegal discrimination.

 

[Beth3]

So from what i'm hearing, there is not much I can do short of leaving the company altogether. Very frustrating issue and thought that would be the response I would recieve, but had to ask

There is no law you can invoke that would require your employer to compensate you at a higher level. At the end of the day, if you believe you aren't being paid fairly, then you are correct - your recourse is to find a new job elsewhere.

 

[davidmcbeth3]

I would not worry about what others get paid too much.

 

[eerelations]

I would not worry about what others get paid too much.

...whatever that means.

 

[smorr]

There could also be other issues involved in the so-called unfair wages for the same work. Could the others have come in with a higher education? If that's the case, then it's possible that's the company's reasoning for paying them more. If the education level is the same, then there's certainly an imbalance; but it's still not illegal. Although I do recall way back when I started in the workforce when I person who was doing the same job (it was factory work) as myself and started there later than I did, was paid more than me. I was pretty young then (just out of high school) and stupidly made a big stink about it - then got fired a couple weeks later because they found out I was looking for another job (and yes, I opened my yap about that too). You may have no choice but to find something in your line of work at another company. Good luck!

 

[antrc170]

I disagree with the view that you are out of luck.

I see several areas of concern for your situation which is covered by federal and state law.

If you're being undrepaid compared to co-workers of a different sex for substantially similar work then you may have a valid claim. Federal and state laws require that you be paid the same for the same amount of work. However, there are some stipulations to those laws. You need to address these issues:

1. The work must be similar and performed within the same environment.
2. Performance is not based on a merit, senority or a system that measures earnings by quanity or quality. (This would be a quota, commission or other system where you get paid extra for achieving stated goals by a performance review. If you're reviews are similar to your co-workers, then you should expect similar rewards.)
3. Any other differential. (This could be education, specialized training, bad performance review, etc)

If you can take an objective look and it appears that you are providing the same results, meeting the same performance standards and there are not other differentials that are keeping you from being paid the same, you may have a valid complaint under FLSA 206(d) and/or VA 40.1-28.6. I'm not stating that you absolutely fall into this category, but more information is necessary to fully understand your situation.

 

[ecmst12]

Someone hired to a higher level position from outside the company will almost always be paid more than someone who started at entry level and was promoted through the ranks, because internal promotions usually base pay increases on the previous pay rate and industry standard wages go up faster than the 3-5% per year that most companies provide for their annual increases. You make less than people who have been there for less time because you were hired making less. There's a term for this phenomenon that I can't remember right now.

 

[cbg]

There's a term for this phenomenon that I can't remember right now.

Market compression.

There is absolutely NOTHING in the OP that suggests that they are being paid differently on the basis of sex, which is what the referenced section of the FLSA refers to.

 

[ecmst12]

Thank you!!! That was bugging me