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Alberrtt
Sep 16, 2014, 08:07 AM
So my ex manager resigned the position after three months of being a manager because in those three months, he didn't get no raise at all. Now, I got his place of being a manager but have not received a raise. I'm trying to see if this is legal or not. Also, from what I've been told is, there is a 2 months grace period because it's a new title and that's why there is no raise. They obviously gave me the position because they saw I had potential unlike thee others. In the end, is this legal or not. Any sources would help. FYI: I'm in California if that helps. Thanks. -Alberrtt

smoothy
Sep 16, 2014, 08:10 AM
Sure its legal. THere is no law that you HAVE to get a pay raise at all much less when you get a promotion. So you see now why the ex-manager left.

The laws say who is and isn't considered an exempt employee (overtime laws) and a mnimum wage. THey could get away with paying Managers minimum wage if there were people foolish enough to work for it.

Me? I'd do it for a while... long enough to put that title under your belt and use it credibly on a resume. Then find a new employer willing to pay for it.

Clearly this one won't.

joypulv
Sep 16, 2014, 08:29 AM
A lot of this is the art of clever negotiation, or a better word might be tactics. You don't wait for a raise, you GET it.

You plan exactly what you are going to say, and what your demands are.
You pick the right time.
You do it calmly but firmly.
You don't say 'or else' but you are prepared to either quit or be fired. There's no point to any of this otherwise.
If you do it right, it will work. Some employers figure that knowing how to get a raise is knowing how to demand it. You don't just demand a raise, you say exactly what the dollar amount is, and when it is to start (next paycheck). If you want to start with a quick sentence about how you have proven your good managerial abilities, then do so. Then the pay you expect in the next paycheck, and when you want the answer, in writing (I'd give him until noon the next day).
Then you smile and go back to work. Never ever raise your voice.

If he says things like 'can't get the change into the next paycheck' he's lying. Of course he can. Say so.

$1/hr more sounds reasonable. But if being manager means time exempt, then calculate the extra hours. Do all this as part of your careful plan, in advance.

Alty
Sep 17, 2014, 06:57 PM
Completely legal. If they're paying you minimum wage, that's all they're required to do by law. They are not legally required to give you a raise because your title and duties changed. It's up to you to negotiate that before you accept the higher position. If you didn't do that, that's your problem.

Fr_Chuck
Sep 17, 2014, 08:48 PM
Sure, they can give you a promotion and lower your pay, as a manager, some managers, of high tech employees, may earn less ( not common but it happens)

So, when the offered you the job. You do not just say yes, you ask for details, ask for a raise then, you have or had the right to say, no, to promotion I have turned many down.

Next, ask for (before you accept promotion) to have in writing, details of any raises.

ScottGem
Sep 18, 2014, 03:58 AM
Wherever did you get the idea that the law requires a raise with a promotion? Who told you about this so called waiting period?

As the others have noted, this is not illegal because there are no laws addressing it. What you need to do is discuss this with either your manager or HR. While it might not be illegal it may be against company policy. It is possible your manager "promoted" you but has not submitted the paperwork to HR.