my employer hasnt paid me a raise in two years is this legal?

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1 answer  |  asked Sep 19, 2017 4:20 PM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
California and federal law govern the minimum wages an employer must pay for time worked and overtime pay. Other than that, the employer can choose how much it wants to pay for the work, and an employee or potential employee can choose whether to accept the work at that pay or not. Raises and bonuses are not required by law. However, if the position is covered by a collective bargaining agreement (contract) between the employer and a labor union, that contract may require raises at specific times.

When an employer does not provide a raise after a lengthy period, it can mean one of many things – none of them good. It may mean the employer is not very happy with the employee's work and does not feel the employee deserves more money. Or it might mean the employer doesn't care one way or the other how well the work is performed and is more interested in inexpensive work rather than quality work. Alternatively, it might mean the employer is not making enough of a profit for it to feel comfortable increasing its wages. And it might mean the employer is inconsiderate, thoughtless, poorly organized, or just plain greedy.

You might try approaching the employer in private, in a calm and respectful manner, and ask what you can do to warrant a pay increase. You can explain that you love your job and want to succeed, and you view this as a long-term position. The employer might give you good guidance. There is always a risk in this kind of discussion, however, because the employer may interpret the question as an indication the employee is dissatisfied, in which case the employer may consider finding someone else to do the job who is more complacent. It is not illegal to replace an employee who, as an individual, asks for a raise or discusses an interest in getting a raise. It is illegal to to discriminate or retaliate against an employee who complains about illegal pay practices, or employees who band together to try to improve their wages, hours, or terms of employment.

posted by Marilynn Mika Spencer  |  Sep 21, 2017 5:54 PM [EST]

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