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View Full Version : PTO: Treating 2 hourly employees differently California


PurpleMoon
05-22-2008, 06:11 PM
I work for a new business that does not have a personnel manual or policies. The owner is winging it as he goes along.

I am a part-time employee with no PTO benefits. The full-time hourly employee gets random PTO according to the owner's whim. For instance, a couple of holidays FT employee got 8 hours paid, I got nothing paid. FT employee takes sick days and gets paid, I take sick days and do not get paid.

I have always worked where salary employees have PTO but not hourly employees. The owner believes he can treat each employee how he wishes and part-timers will not get PTO.

Is there California law that backs up his actions or that supports all hourly employees receive the same type of PTO benefits?

Thanks for any assistance.

Pattymd
05-23-2008, 04:57 AM
No, sorry, when it comes to paid time off, there is no requirement that all employees be treated the same. In fact, since you are part-time and the other employee is full-time, that would be reason enough to have different treatment. The law doesn't require PTO be provided at all.

cbg
05-23-2008, 05:48 AM
In fact, it is quite common for there to be no PTO for part time employees.

No law in any state requires employers to provide the exact same benefits to all employees.

CaLaborLawAttorney
05-26-2008, 11:10 AM
An employer however cannot "label you" part time but then for example, work you off the clock, in order to avoid paying ie. medical benefits.

Pattymd
05-26-2008, 11:35 AM
An employer however cannot "label you" part time but then for example, work you off the clock, in order to avoid paying ie. medical benefits.

That's true. However, the OP never stated that he/she was being required to work "off the clock" nor even imply it.

ScottB
05-26-2008, 12:22 PM
FT employee takes sick days and gets paid, I take sick days and do not get paid...

The owner believes he can treat each employee how he wishes and part-timers will not get PTO.

That practice is legal, probably even in California.

jollysue
05-27-2008, 02:45 AM
What is "off the clock"?

Pattymd
05-27-2008, 04:55 AM
What is "off the clock"?

Working without the time being recorded, thus not being paid for time worked.

jollysue
05-27-2008, 04:58 AM
Thanks. :)

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