Is it discrimination if an employer avoids scheduling higher pay scale employees on Sunday?
Employees that have been with the company for a substantial amount of time are "grandfathered in" to be paid time and a half on Sundays. Newer employees are paid their hourly rate plus a dollar when working on Sunday. Is it discrimination to avoid scheduling the higher pay scale employees on Sunday? Is it against the law for the company to inform the higher wage earner they are not allowed to work Sundays because they are "grandfathered in"?
2 answers | asked Oct 29, 2010 8:20 PM [EST] | applies to Illinois
Answers (2)
If you are interested in scheduling an initial over the phone screening, please do not hesitate to contact me directly to arrange a date and time for a screening.
If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.
posted by Alejandro Caffarelli | Nov 1, 2010 09:57 AM [EST]
If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.
posted by Alejandro Caffarelli | Nov 1, 2010 09:57 AM [EST]
You have to distinguish between discrimination and illegal discrimination. Yes, it is discrimination. However, no law protects higher paid employees from being discriminated against because of their pay. In this case the higher paid employees are also the older employees and it is illegal to discriminate on the basis of age. However, with more evidence that the real reason for the employer's policy of not allowing higher paid employees to work when they have to get paid overtime is because of their age and not their higher pay, you would not be successful in bringing an age discrimination claim.
posted by John Otto | Oct 30, 2010 06:12 AM [EST]
posted by John Otto | Oct 30, 2010 06:12 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers