Can I Seek Adjustments for Excessive Workload and Unequal Pay?

Question from me, Can I Seek Adjustments for Excessive Workload and Unequal Pay?

Answer from AI:

When you’re an exempt employee working under a specific agreement that outlines a four-day workweek but find yourself working more than agreed upon, with a workload comparable to full-time employees yet receiving reduced pay and benefits, several legal considerations come into play. Additionally, having a condition like Parkinson’s disease introduces another layer of legal protection and potential claims. It’s crucial to understand your rights and the potential steps you can take.

Understanding Your Employment Agreement and Exempt Status

First, it’s important to clarify the terms of your employment agreement and your status as an exempt employee. Exempt employees are typically salaried and not eligible for overtime pay under the Fair Labor Standards Act (FLSA). However, your employment agreement, which specifies a four-day workweek, should ideally outline the expectations regarding workload, hours, and compensation.

Discrepancies in Pay and Benefits

The fact that you’re receiving 80% of the pay and benefits compared to your full-time counterparts, despite working similar hours and carrying the same workload, raises questions about potential wage and benefit discrimination. Here are some areas to consider:

• Wage Discrimination: If you’re performing the same work as full-time employees under similar conditions, this situation might constitute unequal pay for equal work, which is prohibited under the Equal Pay Act (EPA) and possibly other state laws.
• Disability Discrimination: Given your Parkinson’s disease diagnosis, it’s also essential to consider the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against employees with disabilities and requires employers to provide reasonable accommodations, which might include adhering to the agreed-upon four-day workweek.
• Retaliation: If your workload has increased or your benefits have been reduced as a form of retaliation for disclosing your disability or requesting accommodations, this could also be a violation of the ADA.

Potential Steps to Take

1. Document Everything: Keep detailed records of your hours worked, tasks completed, communications with your employer regarding your workload and any requests for accommodations.
2. Review Your Employment Agreement: Understand the specifics of your agreement, including any clauses about workload and compensation adjustments.
3. Request a Meeting: Consider requesting a formal meeting with HR and your supervisor to discuss your concerns, armed with your documentation and a clear outline of your agreement versus your current situation.
4. Seek Legal Advice: Consult with an employment lawyer who can provide advice based on the specifics of your case, including potential claims under the EPA, ADA, or other relevant laws.
5. Consider Filing a Complaint: If internal resolutions fail, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency.

Conclusion

While you may have grounds to seek adjustments to your workload, compensation, or both, it’s crucial to approach this situation methodically. Documenting your experience, understanding your legal protections, and seeking professional advice are key steps. Remember, each case is unique, and laws vary by jurisdiction, so consulting with a legal professional is strongly recommended for personalized advice.

For more information on the ADA, visit the ADA website. For details on the FLSA and EPA, the U.S. Department of Labor’s Wage and Hour Division provides resources that might be helpful.

Note: This information is not legal advice but is provided to offer general legal information. For advice specific to your situation, please consult with a legal professional.