am I entitled to back pay?

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monica in Randolph, New Jersey

68 months ago

I was hired as a per diem worker three years ago. At that time, i was a new graduate. I was told I would work three days a week as needed. As far as salary, the woman that hired me told me that they were doing a salary survey to see what other hospitals were paying per diem workers in Nuc Med. I told her that some of my friends were hired for $35/hr. She agreed to pay me that rate.

The woman was fired a few month later. Just last week, I found out that all the other per diem workers in my dept make a standard rate of $41. I only make $36.50
This amounts to me being shorted $5000/year. I honestly never knew there was a "standard" rate because no one ever talked about their salary. I thought is was based on years of experience.

Now there are five per diem workers and three full timers. Two of the per diems were hired after me and make $41/hr. I recently found out that when I was hired ,someone messed up my paperwork and put me down as part time- no benefits 10 hours a week. Benefits are offered at 20hrs a week. I work an average of 24 hrs a week . FOr the last three years , I have worked around 1200 hours a year.

I am hoping they will switch my status to Per diem and pay me the higher rate. Since the old manager messed up my status- is there any hope of back pay? Am I entitled to the PTO that I should have accrued working over 20 hours a week? Do I have any rights?

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