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CA - Universal Paid Benefits? California

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  • CA - Universal Paid Benefits? California

    Is it possible for a company to have several different benefit programs? Can paid vacation and paid sick hours be accrued at a different rate for each employee? For example, can an employer offer more paid vacation hours for one employee even if this employee has worked for a shorter period of time than another employee?

  • #2
    Yes, they can. It is a myth that all benefits have to be exactly equal for all employees. It is perfectly legal to have different benefits for different classes of employee; i.e. you can have different benefits for full time than for part time; for management than for non-management; for office than for shop; for field offices vs. corporate headquarters, etc.

    Additionally, for benefits not covered by ERISA, it is legal for an employee to negotiate a different benefit package. For example, an employee can negotiate three weeks vacation to start instead of two weeks, and the employer can legally agree.

    What is not legal is basing who gets what benefits on a characteristic protected by law.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Thanks cbg- that's what I thought- when I worked for larger companies myself, the compensation packages were different based on how the employer wanted to "attract" a particular candidate. Thanks again!

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