Legal Question in Employment Law in Utah

Work Hours and Benefits

My wife's employer only offers health insurance and paid vacation to certain employees. His decision is not based on any position held, or hours worked. He also makes his employees clock out if they are approaching 40 hrs so he doesn't have to pay them overtime. The problem with that is he requires them to stay in the brake room until the end of the day when it gets busy, so he can clock them back in at that time. Is any of this legal?


Asked on 10/03/05, 6:09 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Work Hours and Benefits

There are different regulations for different kinds of businesses. If the business is involved with interstate commerce, the rules are more strict. Generally, an employer must offer equal treatment to equal groups of employees. The employer may discriminate between groups, i.e., between management and labor. Usually if benefits are offered one group, some form of comparable benefits must be offered all groups. If the employer requires employees to clock out when it gets slow, he cannot require them to stay on the premises in case it gets busy. If an employer requires an employee to be on the premises, he has to pay for the privilege.

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Answered on 10/03/05, 6:32 pm


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