Orientation rates, contract changes & being bullied

[periwinklexoxo]

What is the name of your state? New York (New York City)

I took a short term job through a staffing company who initially made me sign a contract that states they will not pay for the first 8 hours of orientation and will pay me 70% of my normal rate for the 2nd 8 hours of orientation. I thought it was strange and kept asking about it but they said it's their client (the facility)'s policy which was actually a lie. Then they found out it was illegal and they sent me a new contract that states $15/hr for 16 hours of orientation (NY minimum wage). My normal rate is $50/hr.

After I found out they lied to me, I wanted my full rate for orientation but they didn't negotiate with me and bullied & threatened to pull me out of my job if I don't sign their new contract with the rate they want. I signed it under duress because I didn't want to be unemployed. (There's more to this story but I thought to summarize this)

Is it illegal for them to do this?
Is it illegal for them to have me working at different rates for the same job?
Would it be valid for me to report them to the EEOC and NY department of labor? (someone told me to do this but I'm not sure my situation applies)
If none of the above works, what do you suggest I do to get me that rate?

 

[eerelations]

As long as they're paying you at least minimum wage for each and every hour you put in for them, no matter what you're doing during those hours, they are in compliance with the law.

They are not legally required to negotiate pay levels with you.

Bullying employees (and prospective employees) is perfectly legal pretty much everywhere in the US, unless said bullying is specifically and directly based on the employees' (and prospective employees') race, gender, disability, religion and/or age (if said employees/prospective employees are over 40). Nothing in your post indicates that the agency was bullying you for any reasons like these.

It is perfectly legal to require prospective employees to sign contracts, and to withdraw offers of employment if the prospective employees refuse to sign said contracts.

The EEOC is only interested in claims involving illegal discrimination and/or harassment in employment. Examples of illegal discrimination and harassment include discrimination and harassment based on things like race, gender, disability, religion and/or age (if those affacted are over 40). Nothing in your post indicates that you have been illegally harassed and/or discriminated against.

The NY department of labor would be interested in a wage claim if the agency was paying you less than minimum wage. However, since you are not going to be paid less than minimum wage, you do not have a valid wage claim.

You have no legal recourse to get the wage rate you want. As long as the agency is paying you at least minimum wage, there is no legal requirement for them to even consider paying you more.

Finally, who is this "someone" who told you that filing EEOC and wage claims would be a good idea? Can you please describe this person's legal background and qualifications? Thank you.

 

[justalayman]

Is it illegal for them to do this?

No

Is it illegal for them to have me working at different rates for the same job?

no but you weren’t working the “same job” anyway. There are many situations where companies pay different wage rates for different activities. Travel time is the most common I’m familiar with. Some employers pay the “full wage” while the employee is performing actual work duties but pay a lesser amount during travel during the working day. It’s completely legal.

Would it be valid for me to report them to the EEOC and NY department of labor? (someone told me to do this but I'm not sure my situation applies)

while you can file a complaint with either entity, Any grievence you may have appears to be quite minimal and nothing either entity would have any authority over.

If none of the above works, what do you suggest I do to get me that rate?

The only grivence i see is there was a contract to pay you for 70% of your full wage during the second 8 hours of orientation. That amounts to $15.00 per hour for 8 hours; $120. The increase in pay for the unpaid first 8 hours and subsequent payment of $15/hour wouldn’t negate the contract for the $35/hour

So, are you willing to risk losing your job over $120? If so, power forward but expect your tenure at this company to be very short.

Btw, your claim is based on contract law and not labor law. That means the state doesn’t care about your $120. All,they care about is you were paid at least minimum wage for all hours worked. You would have to sue in civil court if the employer refuses to pay you the $120.