- August 14, 2018 at 2:24 pm #233397
I was offered a salary position within my company. When my manager went to HR to discuss the title and pay she was told that I do not have a degree so therefor I do not qualify to be in a salaried position. HR told her it was against the labor laws, which I know to be not true. They are currently looking for a new title for me and a new pay rate however I have found out that there are other people within the organization that are in salary positions and do not hold any type of degree. Some with no college at all, some with some college but not in a related field. How do I present this as discrimination?August 14, 2018 at 2:35 pm #233421
Sorry to hear about your issue. You might consider going directly to HR to discuss the situation. It sounds like you’re getting some miscommunication. There’s no labor law that specifies a salary position requires a degree, but it may be that your company has a policy that states that. There’s also no labor law that protects a non-degreed employee from discrimination based on not having a college degree. Job titles are also not regulated.
In fact, a company can choose whether to pay salary vs hourly pay, and can title a position however they wish. Those things are not covered by labor law. What is regulated is your employee status of exempt vs non-exempt (eligible for overtime pay). And your wages should be consistent with others in your company doing the same job, with the same level of experience, education and performance levels. Here are some articles that may help.
Laura, HR Staff Writer, SPHR