Is it fair that managers at the same job as me are getting a raise when minimum wage goes up, but i do not?

[minihound]

In Maine - As a manager of a store currently making 1 dollar above minimum wage in my state/city (maine) i have many lower employees making the standard 10 dollars per hour while i make 11 per hour due to being a manager and fulfilling additional duties, i have been working at this -Franchised- business for 3 years with no bonus, raise or commendation and have never had any work related problems, as the up coming minimum wage is being increased to 11 dollars an hour, my current pay rate, my store manager has told me that i will be the only one in the district not receiving a pay increase, and has not stated a reason, another equal level employee, a manager has already received a raise and has worked there for less than a year, and now receives 12 dollars per hour, i am getting rather frustrated with how as a manager i am working harder, more hours and been more devoted to this company and yet make the same amount as an employee in training, i have already received word that ALL of the surrounding same franchises, owned by the same franchisee, all received an across the board raise for ALL employees, i seem to be left out of the raise and when i confront the managers, and HR departments they both tell me its not because they don't like me, and then move on. When brought to their attention that i would like to demote from the position as i was not receiving extra pay for the extra work my job was threatened, when i asked to be transferred to another store closer to home, it was denied. Is there any steps i can take to escalate this further? i have tried talking to HR, Corporate, my Manager, and The franchise owner (which nobody in the business is allowed to contact and seems to be hidden)

 

[cbg]

Absolutely nothing in Federal law or the law of any state, including Maine, says that you have to get a pay raise in this situation. If you are at or over the new minimum wage, which you are, the law does not obligate your employer to raise your pay even if everyone else is getting one. Unless you have a valid and supportable reason, and I mean one that would hold up to a government investigation and in a court of law, to suggest that you are not getting a raise solely because of your race, religion, national origin or other characteristic protected by state or Federal law, this is between you and your employer; there is no law you can invoke and no steps you can take that will force your employer to raise your pay.

Now, in 2020 when minimum wage is raised to $12, that will be a different story. They will have to raise you to $12 then. But this year, when minimum wage is $11 and you are making $11, you're out of luck unless your employer chooses to raise it.

 

[Taxing Matters]

Sadly, there is no requirement in the law that when other employees who are making less than the new minimum wage get bumped up to the new minimum wage that all other employees must get similar boosts to keep the same wage differentials as before. All the law requires is that nonexempt employees get paid the minimum wage. So even if you are not exempt (and as a manager you are likely exempt) all the employer must do is pay you minimum wage + overtime when you work more than 40 hours a week. Whether it is fair that you are the only manager not getting some boost over the new $11 minimum wage depends on a whole lot of facts that I don't know. But the law doesn't require that the employer be fair. All that matters here is that the employer is not treating you differently than the other managers because of some protected characteristic. Under federal law that means the employer cannot treat you differently because of your race, color, national origin, citizenship, age (if you are at least age 40), sex, religion, disability, or genetic test information. Under Maine law the employer cannot treat you differently because of your race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin.

 

[xylene]

If you have not received a raise in 3 years, it is time to consider finding a new job. This is super true it you are a managerial employee.

 

[adjusterjack]

Is there any steps i can take to escalate this further?

Seek employment elsewhere.

I'd have left after the first year with no increase.

But now that you have 3 years with managerial experience you should be worth more money to your next employer.

 

[commentator]

Yep, since what they are doing to you is fully legal (unless you can demonstrate that it is because you are a member of a specifically EEOC protected group, and for no other reason) I'd guess that what they're trying to do is encourage you strongly to move on. And now as someone has pointed out, they've kept you for three years, that makes you more employable elsewhere. Don't quit this job, however, until you have that next job to go to, because you would be highly unlikely to be approved for unemployment benefits if you quit because of not getting the raises. As they have been doing this to you for a long time, and you've been accepting it, continuing to work at the salary they were paying you, you can't suddenly quit and say it's unfair and unacceptable, even though it is. Vote with your feet, go elsewhere.

 

[NeilTheCop]

"He got a raise and I didn't"
One of the cold hard facts of life is that life's not fair. Accept that then start reading the want ads in your local paper.

 

[cbg]

Also, though I quite understand why you're upset and I don't blame you for it, I've seen people fired before now for "he got a raise and I didn't" and that's quite legal too. I truly do not recommend trying to take this any further - it sounds as if you've made your position clear to everyone you can find to make it clear to. Pushing it any further might well cause them to start pushing back, since they are on very firm legal ground.