I have done one month work as indoor lifeguard at gym. I found out my hourly pay rate is less than expected pay rate on application.?

The expected pay you put on your application is not a guarantee of that pay rate. You can tell them you expected $13 an hour per your application and if that is not possible you cannot come in anymore. That will apply a little pressure (?) for them to up your pay but it's certainly no guarantee.You have, however, no legal grounds to recover the difference for the hours you have already worked.

Your fault for not asking what the pay rate was. If it's not enough, you find a new job. They are in no way, shape, or form obligated to pay you the amount you said you wanted.

Seriously, if this was your 1st job and the minimum wage is $11.00 in your county, then that is all that they owe you to comply with the law.

Now that they have trained you and got those certificates, then try and find another lifeguard job for $13, but it is possible that (no) place pays that high, even if experienced.

You can google “glass door” which will give you the going rate that most lifeguards make in your city/state to make sure that the $13 is the going rate or that most are only paying minimum wage.

The good news is that you just gained knowledge from this and only worked for 1 month, thus in (any) job in the future you apply for, that (before) you start working you find out how (much) they are willing to pay you. When an employer offers a job, then you have the right to accept/reject the job contingent they pay (what) you want and if the employer will not pay what you want, then they will most likely find someone who will.

What you desire is irrelevant. That's what the job pays.

And you never asked?

You went in, said, "I want a million dollars a day," and never asked of you got that?

12 July 2018 12:52

RobertJDFL RobertJDFL Employment Lawyer

Good evening,

The Wage Theft Prevention Act (WTPA) took effect on April 9, 2011.

The law requires employers to give written notice of wage rates to each new hire.

The notice must include:

Rate or rates of pay, including overtime rate of pay (if it applies)

How the employee is paid: by the hour, shift, day, week, commission, etc.

Regular payday

Official name of the employer and any other names used for business (DBA)

Address and phone number of the employer's main office or principal location

Allowances taken as part of the minimum wage (tips, meal and lodging deductions)

The notice must be given both in English and in the employee's primary language (if the Labor Department offers a translation). The Department currently offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish and Russian.

So while they don't have to agree to the wage you asked for, they should have told you what your pay rate was and how often you were going to be paid.

Employers who do not comply can be fined $50 a day per employee they deny this information to. You can also sue them, although the maximum amount you can recover by law would be $5,000.

I suggest you start by contacting the NY Department of Labor and file a complaint. The number is 888 - 4 - NYSDOL (469-7365).

"Desired" does not mean "expected". Desired is what you would like or hope to get, and should be about 20% above your expected pay rate. So if you put "$13" for "desired", then "expected" would be about $11.25.

Too bad you didn't clarify he salary before you took the job. Your mistake. Your problem.