Legal Question in Employment Law in California

Equal Benefits for Exempt Employees

The department I work in has 6 employees. Three of us are salaried, my boss, myself and one other person, the rest are hourly. When my boss hired this other salaried person last year they made an agreement that as long as her work was done she could have a day off with pay each week. Her salary is a little less than the person that previously did this job because of this agreement, but she still makes more than I do. This is not deducted from her vacation time. A written contract was never done. I am sometimes made to feel guilty if I take time off or have to leave early. When I do take time off it is deducted from my vacation time. I typically work 40 hrs. per week and she typically works 32 hrs. per week. There are some weeks that she does work 40 hrs. She is also considered a full time employee and therefore receives medical benefits. Part time employees in our company are considered those that work less than 40 hrs. in a week and are not eligible for benefits. I would like to work the same schedule she has, but am sure that if I approach my boss she will not approve it and will probably be angry at me for even asking. Does this violate any labor laws such as the ERISA law?


Asked on 4/19/01, 6:09 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Equal Benefits for Exempt Employees

Employers are not required to treat all employees the same. Personnel decisions may be based on any number of factors, which sometimes result in different wage rates and different work schedules. However, favoritism may be illegal if the decision is based upon impermissible factors, such a gender. If the company treats one gender more favorably than the other, that may be the basis for a discrimination case. While you may wish to complain about the favoritism, be careful. If your complaint comes across the wrong way, your employer may label you as a disgruntled employee which may worsen the situation.

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Answered on 6/14/01, 12:55 pm


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