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    Don Bartlett's Avatar
    Don Bartlett Posts: 1, Reputation: 1
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    #1

    Feb 21, 2016, 09:27 PM
    How to sue the state of Oregon
    The state of Oregon has just past a min. wage law which is three tier base on geograghic locations. This will create many already poorer rural zones to become even more poor. They are creating second and third class citizen with in the State. Could those singled out to become poor sue the state?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 21, 2016, 10:21 PM
    They could try, but there is no constitutional right, to min wage, it is merely a Federal law, where states must at least meet or exceed it. States all have different min wage laws. With some people being exceptions and not even being under any min wage laws.

    It could be done by a person in the lower bracket area, who is collecting unemployment, It will be costly, since you can assume to lose in State courts, and you will need to find a constitutional basis for it, perhaps the equal protection clause, but then that opens up, the differences between the states also.

    In reality, where a person is located is a reason for difference in pay, even the Federal government pays different on the same pay grade depending on location. This is based on a cost of living factor.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 22, 2016, 07:57 AM
    If a law is discriminatory, then it may not be constitutional. I would contact the local branch of the ACLU and see if they want to take it on.

    I understand your concern but I'm not sure if a geographic tier will be discriminatory.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Feb 22, 2016, 08:43 AM
    Sure, they could sue the state. But can they afford to do so? Would an attorney even take this case on a contingency fee basis?

    A geographical tier is not unconstitutional because cost-of-living differs from one location to another. Another school of thought is to better oneself and not settle for entry level positions.

    This is almost sounds like a Bernie Sanders campaign.
    NeedKarma's Avatar
    NeedKarma Posts: 10,635, Reputation: 1706
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    #5

    Feb 22, 2016, 10:42 AM
    Could those singled out to become poor ...
    If this is basis of your argument I think you'll have a very difficult time proving your premise.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #6

    Feb 22, 2016, 01:28 PM
    I agree with the others... its a serious long shot at best... You can't expect the employers in rural areas to pay the same as the major high cost urban areas that may cost 3 times as much or more for a given piece of property as the rural area. And as was mentioned... everywhere else in the country... prevailing wages and costs, which directly influence pay in all jobs vary from one area to the next do to the cost of living.

    Minimum wage jobs are meant to be ones you start out with and start to get experience then move on to better more demanding jobs in time. Not to be ones you work at your entire life.

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