Background Info:
I work in hospitality as a valet/bellman at a small 5-star luxury resort in California. My job is considered entry level “at will” employment. When I was hired in November of 2021, the CA minimum wage was $14. However, I successfully negotiated $16 plus tips and gratuities because due to the smaller size of the team, I was expected to basically work 3 positions: bellman primarily, but also have the experience and flexibility to cover valet and security shifts. I was the only employee in the front office department who performed such duties. No other employee worked 3 different shifts, only me.
The manager who hired me accepted the offer and requested approval from HR, who then approved the rate without issue. All of this sat well with me because my goal was to move into a full time valet position as they made more in tips than bell, and tips accounted for a large portion of my wages.
For the first month I trained and worked solely bell shifts, and I was great at my job. Soon, they began scheduling me for valet and security shifts. In a typical week I would work 3 bell shifts, 1 valet, 1 security.
Around March/April of 2022, one of the valets quits and a full time spot opens up. I expected to be considered and was not surprised when my manager asked if I wanted it. So I began working as a full time valet, rarely if ever working bell or security but remaining available if needed. I should mention that I was never presented with any paperwork to sign when this transition happened. There was no “transfer of department” documentation or “change of pay/employee contract”. The front office manger simply started scheduling me for valet shifts and they hired a new bellman to fill my role. It was never officially discussed, but implied that my hourly pay would remain unchanged, as both bell and valet were “minimum wage + tips” positions.
A month or so later I decided to ask for a raise but did not receive one. Another competitor property had approached me with an offer to work a similar position at $20/hr plus tips, and with the rising costs of living I felt I had some value to leverage. After speaking with my manager and HR they declined my request, however in June I unexpectedly received a $2 raise to $18. I wasn't sure why, how, or who else may have received a raise aside from myself, but I chalked it up to the employer wanting to retain its staff and compete with other properties so I didn't question it.
The Situation:
Well, things seemed to work well over the summer for about 3 months, until my front office manager left for another position and our HR director was replaced. This person came in guns blazing and began working with upper management to investigate and audit various departments in what appeared to be efforts to cut costs and reassess the business.
One day during my shift, I was nonchalantly approached by my new manager (previously supervisor) to sign some documents detailing my valet position and rate of pay. I noticed that it outlined a $3 reduction from $18 to $15 (now CA minimum wage in 2022). Surprised and confused, I declined to sign anything and asked to meet with them and our new HR person at the earliest convenience.
When the three of us met to discuss things, they explained that I was receiving a pay cut as I was the only person in my department (Front Office) who was $18, the other valets were being paid minimum wage. This was the first I had heard of this, as it was my impression that other people had received raises when I did, but I guess not. My manager and the HR director refused to confirm or deny any information regarding a raise, and who may have received one, but I later found out that it was only the bellmen who had been given a raise in order to incentivize the position as it makes less money in tips and people prefer not to work those shifts. This especially stung following the raise I received, which I thought was attributed in part to my own merit and performance.
I then did my best to explain that I had been hired at $16 due to my strong previous experience and flexibility to work 3 positions, so I felt that cutting me to less than what I started making was unfair and made me feel undervalued. They asked for proof that I had negotiated and been given approval to start at $16, which I found odd. Why didn't they have an records of my employment contract or new hire documents? Why was I responsible with the burden of proof about my own compensation?
I then provided the emails between myself and the previous Front Office Manager/HR showing clear-cut my negotiations for higher starting compensation back in Nov 2021. Even so, the new HR person was adamant that that should never have happened, and now that I was only working valet shifts I would be paid minimum wage like the rest.
Since then, the situation has remained in “limbo”. I requested my employee file, which has any/all official documents stipulating the conditions of my employment as well as any transfer of departments. Surprise! There aren't any. The only documents in my file are my new hire signature/onset paperwork, W-2 form, and employee handbook etc.
Going Forward:
What are my options? Should I escalate this situation? On the one hand, I'm upset that I'm making a little less money. It sucks, but I'm more upset by the fact that I'm literally making less than when I started. If it weren't for the really good tips I would have gone to the other property that offered $20, but I prefer my current property much more.
I'd be fine with making $16 again, I didn't ask for the $2 raise and if it really is for the bell shifts then so bet it. My manager has assured me that if I work a bell shift I will be dual coded to receive the bell pay, however this wasn't something they implemented until after all of this nonsense. A big part of me thinks I should just let it go. It's just $1. It really isn't worth losing my job over. I like this job a lot apart from this incident.