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This is a bit tricky. My son took a position with the city for park and rec department. They are short staffed, and a position that matches his skills became available after being with them for about a month. It was a promotion that he accepted. The Job posts the hourly rate at $4..00 pllus, more than what he is making now. The job requirements states: MINIMUM QUALIFICATIONS Any combination of education and experience that would provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education: Equivalent to a high school diploma and twelve (12) semester units from an accredited college or university.

Experience: Equivalent of two (2) years of work experience performing increasingly responsible duties in a position equivalent to a Recreation Specialist II.

He has 7 units and four years of combined recreation II and III at a different park and rec for a different city. When he inquired about the raise, which they did state he would get an increase (but didn't state how much), they asked for his college transcript. Once this was provided, they said he did not have 12 units, which is required, not a combination of education/experience, and that they don't need to follow government requirements, as they are not part of the city laws; they are public entities not city run.

Clearly, the job description does not state when they claim, and it is still posted on the city website.

They offered the interim position after he had been in the role for a month. He still has not received ANY increase, and when he questioned again, they said to schedule a meeting with HR. They also have not reimbursed him for mileage, which is illegal in California. Is this even worth filing a lawsuit? Or should we just go to DOL? Apparently, he is not the first to experience this, and this city takes advantage of youth under 25 and gets away with illegal stuff.

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    I'd suggest talking to a lawyer – we can't really provide legal advice about how to proceed in your specific case.
    – V2Blast
    Commented Sep 6, 2023 at 17:50
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    1) It isn't unknown for pay adjustments to take a while to take effect. When they do, they should include the back pay. Ask the employer when to expect this. 2) Published job descriptions don't always match what the employer is actually seeking; that's not a crime.
    – keshlam
    Commented Sep 6, 2023 at 20:12
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    It's impossible to determine (based on the information you provided) if they were intending to require both the Education and Experience minimum qualifications. I know in many state and federal governments, you must have both experience in the field and the education minimum qualifications to be eligible for the job.The only way you are getting a job in those areas of government is if they were specifically targeted to inexperienced (professionally) professionals with the intended education. In other words they were meant for those individuals without experience. A job requiring 2 years is NA
    – Donald
    Commented Sep 6, 2023 at 23:08
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    So schedule a meeting with HR.
    – mxyzplk
    Commented Sep 9, 2023 at 17:45
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    Is your son a minor (under 18)?
    – shoover
    Commented Sep 14, 2023 at 20:47

2 Answers 2

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Is this even worth filing a lawsuit? Or should we just go to DOL? Probably neither is a valid option. Unless your son has a proper contract updated after his promotion, he will have great difficulty in arguing for an update of his salary.

The best thing to do seems to ask for a meeting with HR, explain the situation, and formally request an adaptation of the work contract.

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IMHO, he should consult a lawyer and have a meeting with HR

Try to gather as much as possible (emails, text, contract) to back his side regarding the promotion and salary for both these meetings

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