Can a private employer have different vacation amounts for exempt & nonexempt?

Is is legal for a private employer to offer exempt employees more vacation than non exempt employees? Are there any illeagal perks that can be offered to exempt rather than non exempt?

1 answer  |  asked Feb 23, 2012 09:11 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
In general any private employer can establish different rules for things such as vacation time based upon exempt and non-exempt status of an employee. Depending on which rules treat different employees differently the employer runs the risk of having certain plans be considered top heavy, which will do things like speed up vesting.

If there is a significant difference you may want to consult an employment lawyer near you. You can find one at

posted by Bruce Elfvin  |  Feb 23, 2012 09:41 AM [EST]

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