Fair Pay Act

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Fair Pay Act

Post  CATMANDO8426 on Wed Mar 18, 2009 3:41 am

I have posted this on another site. I have recently learned that most but not all of the employees hired after me in the same job are making wages signifigantly higher than I am. Most of them are people that I have had to assist in training. I made less than 26K last year and have been with my employer for three years now my some of my peers ,who have been there a year less that I have, made over 40k. I recognize that an employer has the right to start people out at different wages depending on their need for qualified personnel at that time. I also recognize that some may climb the pay scale faster than others depending on performance. My union has stated that as long as those individuals were started at rates of pay that fall within the scale covered in the CBA that we do not have grounds for a grievance. My question is: As a person with a disability that qualifies as a mental impairment under the Americans with Disabilities Act and having been open with my employer in its disclosure is it possible that I would have a fair pay claim under the Lilly Ledbetter Fair Pay Act of 2009? Is it possible that my employer has not provided me with as fair of a starting wage and also not been as generous with merit raises as they would have those they feel would be more likely to advance? If so how do i go about filing a complaint, and how do i get around the salary confidentiality clause in my handbook to gather solid proof? Assuming of course that a simple talk with the boss fails to resolve the issue.
Most of the specific numbers was only just provided to me in the last two days and I am apalled, is there anything I can do??

Jason
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Re: Fair Pay Act

Post  JoeC (McGruff) on Thu Mar 19, 2009 12:01 am

As far as Ledbetter, the legislation essentially relaxed the statute of limitations under various civil rights laws, giving people more time to file charges. You need to speak with an employment attorney to find out if the A.D.A trumps the contract sometimes it does sometimes it does not. I don't how your hand book allows for a salary confidentiality clause, unless it strictly applies to managers. Union members should not be bound by such a clause. The information on wage disparities have to be released to the steward when he requests the information. The union feels that the issue does not rise to a grievance, however an employment attorney may find an ADA violation, or a state law violation depending on the facts at intake.
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somethings wrong here

Post  CATMANDO8426 on Thu Mar 19, 2009 4:24 am

Our employer regards our salary, and the managers, to be an issue of personal business between the individual employee and the company. People have been fired for making such disclosures to each other. Of course this can and does occur on a regular basis but people just dont let the boss find out. Under what article of law does the union steward have the right to request such information? I am looking for an attorney in West Virginia to take this case. Our salary starts at 8.00$ and tops out at 17.75$ according to the union as long as they start us out within that bracket its fair. Sounds jacked up to me Joe; can I solicit an attorney on this site?
By the way this site is great!
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Re: Fair Pay Act

Post  JoeC (McGruff) on Thu Mar 19, 2009 4:56 am

Yes you can solicit an attorney.
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Re: Fair Pay Act

Post  bears00 on Mon Mar 30, 2009 12:47 am

How does the Big Blue Bear say this nicely???

If your handbook prohibits discussion of pay AND there is THAT MUCH disparity in pay......GET A NEW UNION!!!

It's not legal to prohibit the discussion of working conditions (and wages are a said condition), whether or not you are protected by a union.

You should also consult with legal counsel as to whether or not they think that the circumstances of your disability contribute to your lower pay rate.
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New union

Post  CATMANDO8426 on Thu Apr 09, 2009 4:33 am

I am the union steward and I can tell you that they will break us up if we start talking about union issues including pay. Our BA has stated the following "on your breaks talk about whatever you want, on the floor they can claim its an attempt at a slow down". I want to take it to the board but we will see. I am now soliciting an attorney on the ADA issue; however I keep hearing no once i mention who my employer is or they tell me they have a conflict of interest. Ive got a full plate now thats for sure but I will mull through it. Smile BTW the CBA doesn't prevent us from the disclosure the employee handbook does and there have been terminations for making those disclosures. So I have to be careful to protect my guys from adverse action. Also isnt there a site where I can look up federal and cases like findlaw or lawfinder something like that?
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Re: Fair Pay Act

Post  JoeC (McGruff) on Thu Apr 09, 2009 4:53 am

CATMANDO8426 wrote: Also isnt there a site where I can look up federal and cases like findlaw or lawfinder something like that?
Both of them are good and the NLRB has almost all of their decisions posted. Here is a new site as well http://joeslegalforum.forumotion.net/website-review-f16/excellent-research-site-altlawcom-t87.htm
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