Does an employer need to treat 32 hour a week full-time employees the same as 40 hour a week employees?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does an employer need to treat 32 hour a week full-time employees the same as 40 hour a week employees?
My employer considers employees that work at least 30 hours per week eligible for medical benefits but the employer states that only employees that work 40 hours per week are eligible for vacation and holiday pay? I recently changed to a 32 hour work week from 40 so I am no longer getting vacation or holiday pay. Can they do this or must they give me all the same as the 40 hour employees as they are offering medical benefits at 30 hours?
Asked on October 10, 2018 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The fact is that most employment is "at will". This means that their company can set the conditions of employment much as they see fit. This inlcudes who does and doesn't receive vacation and/or holiday pay. Under the law, an employer is not mandated to provide such time to workers, so the the extent that is chooses to do so, it has a great deal of discretion as to who is or isn't eligible for such time. Accordingly, unless this acton violates the terms of an employment contract/union agreement you have no claim. Also, it would be illegal if it constitutes some form of actionable discrimination. Therefore, unless an employee receives lesser treatment based solely on their race, religion, gender, age (over 40), disability or nationality, they do not all need to be treated the same.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The fact is that most employment is "at will". This means that their company can set the conditions of employment much as they see fit. This inlcudes who does and doesn't receive vacation and/or holiday pay. Under the law, an employer is not mandated to provide such time to workers, so the the extent that is chooses to do so, it has a great deal of discretion as to who is or isn't eligible for such time. Accordingly, unless this acton violates the terms of an employment contract/union agreement you have no claim. Also, it would be illegal if it constitutes some form of actionable discrimination. Therefore, unless an employee receives lesser treatment based solely on their race, religion, gender, age (over 40), disability or nationality, they do not all need to be treated the same.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.