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CGA

Member
What is the name of your state (only U.S. law)? NJ

A month ago, I was made the "interim" manager of my department. The reason it is interim is because my manager says he has not had time to write up a new job description. Meanwhile, I am doing the job of a manager without the job description or salary. I asked him about this yesterday and he said he'll try to get to it in the next few weeks, but I have a feeling this will drag on because he is showing no sense of urgency. With the economy the way it is, I'm reluctant to make any waves or go to HR, but is it legal to promote someone and then not pay them for the extra work and also expect them to work without a job description? Just trying to get an idea if I need to escalate this or if I need to be more patient.
 


swalsh411

Senior Member
Are you in a Union or under some other sort of employment contract? If so, then maybe. If not, then there is no law that says you must receive a raise in pay when your duties change. The only time your employer is required to give a raise is when the minimum wage changes.
 

eerelations

Senior Member
The only time your employer is required to give a raise is when the minimum wage changes.

And that's only when you're being paid at minimum wage. If (for example) you're being paid $12 per hour and the minimum wage goes up from $8 to $9, your employer is not obliged to give you a pay increase.
 

cbg

I'm a Northern Girl
It's not as obvious as all that to those people who don't work with it every day. Next time minimum wage is raised (even at a state level) watch and see how many people who were already working for over the new minimum wage think they're supposed to get a corresponding increase as well. Maybe you weren't on the boards when the Federal minimum wage was last raised but I was and we got that question multiple times.

is it legal to promote someone and then not pay them for the extra work and also expect them to work without a job description?

Yes. As was already indicated, raises are never mandated by law other than when minimum wage is raised AND you are below the new minimum, and job descriptions are never required by law. They are a good thing to have for many reasons but they are not a legal requirement.
 

eerelations

Senior Member
Thank you Captain Obvious. :)

Your sarcasm isn't warranted.

It's not obvious at all to many many many posters here and other similar legal advice forums. I've read and responded to posts from A LOT of people here and elsewhere who are under the misapprehension that whenever the minimum wage goes up this means everybody's pay must go up accordingly. And certainly someone who thinks that there's a law out there prohibiting employers from having their employees work without job descriptions could well be someone who also thinks that a minimum wage increase means pay increases for all.
 

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