Responding to Employee Complaints About Pay
Addressing Employee Compensation Concerns: What You Need to KnowEmployees occasionally express dissatisfaction with their pay, and it's their right to do so. Employers, in turn, have the freedom to negotiate compensation or maintain the status quo under the law.
However, not all employee complaints are created equal. Some, such as complaints about unpaid wages, overtime discrepancies, minimum wage violations, or gender-based pay disparities, are considered protected activities under the law. In these cases, employers must exercise caution to avoid adverse actions in response to these complaints. Failure to do so can expose employers to potential legal repercussions, including lawsuits from affected employees. Responding to Employee ComplaintsWhen an employee voices concerns about their compensation, involving your human resources department or staff early in the process is advisable. They should possess knowledge of relevant employment laws and can help assess whether there's a legitimate legal issue at hand.
Additionally, consulting with an employment lawyer as soon as you become aware of the complaint is a prudent step. They can provide guidance on handling the complaint and assess whether any legal violations are involved. If the employee's complaint has merit, it's essential to take corrective action promptly. This may entail rectifying the disputed payment or, in the case of systemic issues like improper overtime classification, implementing broader policy changes within the company. In situations where the complaint lacks a legal basis, communicate clearly to the employee why their compensation adheres to legal requirements. Avoiding RetaliationExercise caution to prevent actions that could be construed as retaliation against the employee. This includes refraining from including negative comments in performance evaluations or taking disciplinary measures. This is particularly crucial if the complaining employee is also experiencing performance issues at work.
Some employees may strategically use complaints about pay as a shield against potential discipline, knowing that such actions are legally protected. Mishandling such cases can result in costly wrongful termination claims, underscoring the importance of seeking legal counsel when addressing employee pay concerns. Consider a Comprehensive Review of Employment PoliciesWhile a single employee complaint may appear isolated, it could indicate more extensive compliance issues. This is especially true for complaints related to gender-based pay disparities or overtime classifications.
Experienced employment lawyers can assess your payroll policies to ensure compliance with applicable laws. In cases of gender-based pay disparities, legal professionals can assist in conducting a pay equity audit. Conducting such an audit in good faith provides a defense against Equal Pay laws violations. |
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Addressing employee compensation concerns is a complex process, and legal guidance is essential to navigate potential pitfalls and safeguard your organization's interests. We're here to help. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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