new thread
It's been a very long time since I've posted--I'm sure some people remember me though.
I still have long hair, but I lost interest in pursuing my goal length; it is a fair deal shorter now than it was a few months back, reaching just past my shoulders. I unfortunately do not have the cash or time to take progress pics.
I am not sure how appropriate this is to post here, but honestly, I could think of no other community to ask this question.
As I'm sure a lot of you know, tomorrow the U.S. federal minimum wage goes up to $5.85 an hour. I work for just over the old minimum wage. Today, I asked my employer (kroger) if I would be getting a raise to bring my earnings up to the minimum...her answer surprised me. Since I was hired before the minimum wage was raised, my wage will NOT go up; I will actually be working for well under minimum wage.
Now...I'm not sure, but is this legal? I thought the minimum wage was really the MINIMUM wage. I only started working there a few days back; I am somewhat suspicious I was hired before the increase intentionally.
I am not expecting professional legal advice, but if it happens to show up...it's appreciated.
My guess is that the "minimum" wage is just that, a legal minimum. If you are making less than that, to remain legal they are going to have to give you a raise, whether you are otherwise eligible for a raise or not. Governmental laws trump in-house salary policies.
If you complain about not getting the minimum wage, you will be protected by law against being fired or otherwise punished for exercising your right to complain about not getting treated in compliance with law. You will surely be entitled to back pay for the difference, and perhaps also to punitive damages in some amount. You can't wait forever to file a complaint, though - there are time limits.
I'd say to them that you are aware of all of the above so they'd better check their position with their own lawyer, and that nothing further will be said by you, provided you are paid the new minimum wage beginning on the day it takes effect.
My two cents,
Bill
Looks like your employer is in error, unless they or you meet some very specific requirements. There is a nice poster that DOL requires to be posted by all employers...
http://www.dol.gov/esa/regs/compliance/posters/pdf/minwagep.pdf
I'd remind HR that they may want to read the actual regulation before they make a decision that appears to violate the letter of the law. I'd also let them know that I'd be reporting their actions to the relevant authorities upon mispayment of the minimum wage.
Side note: document everything, in case they want to play games.
US Department of Labor - Minimum Wage webpage
One thing I would want to metion is that if I remember correctly, the workers for Kroger are largely represented by a union. I could be wrong, but I think that's correct. You may want to, if the union is involved, discuss your wage with the union reps. I suppose it's possible that if your union contract binds you to the wage you are at now, you *might* have to suffer with the lower wage. I certainly hope that's not true, but I find labor laws to be rather wonky, so it wouldnt surprise me.
Im sure Kroger has a whole bank of corporate lawyers ready to fight for their right to underpay their employees. Some how it adds up that paying huge lawyer fees is le$$ than paying their employees a livable wage. Hah, gotta love corporations.
Your supervisor is ill-informed. Just wait till your first paycheck after the new legislation goes into effect, and if you do not have the raise, report it to the appropriate state agency.
Use your experience to look for another job, at one of the premium groceries in your area -- like Whole Food.
Not everyone aims for terminal length, but keep your long hair. It is a personal statement of your individual freedom.
Were the government and social pressure to require long hair of all men, I would get a buzz cut, but fortunately I do not think that will happen in my life time.
Caledonian
I'm not a lawyer nor do I play on TV but my understanding is
what your employer is doing is very illegal. Unless you're
a wait person, you're subject to the minimum wage.
There is a subminimum for youth workers and you did say you just started . How old are you?
I worked for Kroger for 11 years and they aren't that bad no worse than other large chains. Also we had the union, (UFCW ) if you work in a union store look on the bulletin boards in the break room for the unions phone number and call them. It could also be she is misinformed god forbid HR would actually get it right the first time LOL.
let us know how it goes
Kevin
formerly Head Stock
Kroger J-966
LaPorte IN
The youth minimum wage, authorized by the FLSA, allows employers to pay employees under 20 years of age a lower wage for 90 calendar days after they are first employed. Any wage rate above $4.25 an hour may be paid to eligible workers during this 90-day period.
What advantage would their be in joining the union and only making minimum wage? Union dues alone would drop you back down below minimum wage again.
In my post I said if he worked in a union store to call them and have them sort it out that's theri job.
I didn't suggest he join one. Please lets not get into a debate about unions here that would be too way off topic like talking politics etc.
Thanks
Kevin