Tuesday, February 6, 2024
Dear Erica,
I Work At A 9-5 In Technology And As A Manager At A Restaurant For 40-50 Hours A Week.
Recently, The Restaurant GM Was Complaining That I Get Paid Too Much Because Of My Other Job And That If I Didn't Quit My Technology Job, I Would Be Paid Less And No Longer Be A Salaried Manager.
I Would Be Demoted To An Hourly Manager Without The Option Of Working Overtime.
The GM Even Said That Once I Actually Left My Second Job, I Can Return To A Salaried Manager At My Original Rate.
Is This Legal?
– Moonlighting in Technology
Dear Moonlighting in Technology,
It looks like this GM needs a bit of education. While being a poor manager is not illegal, the GM may have been close to walking the line.
- First, certain states require a certain amount of advance notice before they change your salary or hourly wage. Check with your state on whether that is required.
- Secondly, it sounds like the GM was using the second high-paying job as a reason to demote you. Federal law does not prevent employers from asking about an employee’s financial information. But the federal equal employment opportunity laws do prohibit employers from illegally discriminating when using financial information to make employment decisions.
- Employers must not apply a financial requirement – or more importantly, any employment decision – differently to different people based on their race, color, national origin, religion, sex, disability, age, or genetic information.
- They also must not have a financial requirement if it does not help the employer to accurately identify responsible and reliable employees, and if, at the same time, the requirement significantly disadvantages people of a particular race, color, national origin, religion, or sex.
- If you feel like your employer was using financial information to discriminate against you for an unlawful purpose, you should go to the EEOC or your state equal employment office to file a complaint. However, be aware of deadlines to file.