Legal Question in Employment Law in California
Direct Deposit not offered to all employees
I work for a company who has not ever had direct deposit.
There reasoning is that the field employees have to pick up their checks once a month and sign whatever docs the employer needs to have signed at the time. Those of us in the office would like direct deposit however the employer says that they cannot discriminate and offer direct deposit to one group of employees and not to another. Do the discrimination laws apply here or not. Can this employer offer direct deposit to those of us who are here all the time and not offer it to field employees?
2 Answers from Attorneys
Re: Direct Deposit not offered to all employees
I know of no law that requires employers to offer direct deposit to everyone. If the discrimination is because of a protected category -- i.e., race, national origin, etc., that would be actionable.
Re: Direct Deposit not offered to all employees
"Discrimination" as it is normally used in the legal employment context means treating one group of employees differently from another group based upon a protected classification: i.e. race, gender, religion. It would not be illegal to afford different types of benefits to different types of employees, such as direct deposit. (Management bonuses are another example.) However, just because a practice is legal, does not mean the employer must comply with your requests.