Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

benefits at private college - California

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • benefits at private college - California

    Can a private college offer different benefits for its teachers than for its office staff (health insurance, 401k)? Teachers are paid a salary based on a per unit rate for classes they are teaching. Can we only offer benefits for for some teachers and not others (i.e., define some teachers as 'senior')? Some teachers may have worked at the college for many years but only have 'contracts' for each term.

    For staff, does vacation time need to be a standard schedule or can we offer some staff more paid vacation time than others even if they have worked the same amount of time at the college? Thank you.

  • #2
    It is absolutely legal, in all 50 states, to offer different benefits to different classes of employee. Despite a persistant rumor to the contrary, no law anywhere in the US says that if one employee is offered a benefit, all employees without exception must be offered exactly the same benefit.

    There are different classes of benefits, too. Some are governed by a law called ERISA, and some are not. For ERISA based benefits for (for example, health insurance or a 401k) once a class of employee is established (teachers, office staff, field staff, part time employees, full time employees, whatever) all employees within that class must be offered the benefits. But different classes can be offered different benefits, no problem.

    Vacation is not an ERISA based benefit. With regards to vacation, as long as who gets what vacation is not determined by race, religion, national origin, gender etc., you can offer every employee a different amount of vacation if you want to. It would be a nightmare to administrate and I'm not saying it's a good idea to offer different staff different levels of vacation, but it's not against the 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.

    Comment


    • #3
      If I can make a small quibble with the last answer, vacation is almost never an ERISA benefit. There are two ways any benefit becomes subject to ERISA. The obvious way is if the law says so (retirement, medical). The other way is for the employer to fund the benefit though an outside trustee. CA public employees and the employees of some other states do indeed have ERISA level vacation benefits.

      ERISA is a big deal and no sane employer voluntarily agrees to make a benefit subject to ERISA unless the government or a union agreement forces it on them. Any ERISA benefit must have a plan, and federal government will force the employer to follow their plan to the letter.

      Non-ERISA benefits (everything else) could be subject to state law (if any), could be subject to company whim, maybe a lot of things. No one-size-fits-all answer.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        Just to clarify, for health care benefits we can have classes like teachers, staff, part-time, & full-time.
        Can we have sub-classes within the teachers? Can we name a teacher a 'senior' faculty member and give them insurance but not reg faculty members? Do we have to have a uniform policy for who we define as 'senior'?
        Also, do you know the CA code I can point to to support this? Thanks so much!!

        Comment


        • #5
          Originally posted by DAW View Post
          If I can make a small quibble with the last answer, vacation is almost never an ERISA benefit.
          cbg said vacation is not an ERISA benefit or am I reading something wrong?
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            DAW is saying that vacation is almost never an ERISA based benefit. He is inserting a qualifier that I did not.

            The percentage of cases where vacation is an ERISA based benefit is so minute that I didn't think it was worth mentioning. DAW evidently disagrees.
            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.

            Comment


            • #7
              Ok, now I see - he has almost underlined. I just kind of assumed vacation isn't.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Originally posted by question View Post
                Just to clarify, for health care benefits we can have classes like teachers, staff, part-time, & full-time.
                Can we have sub-classes within the teachers? Can we name a teacher a 'senior' faculty member and give them insurance but not reg faculty members? Do we have to have a uniform policy for who we define as 'senior'?
                Also, do you know the CA code I can point to to support this? Thanks so much!!
                You need to take a very hard look at your health care plan's Summary Plan Document. You need to follow the rules spelled out in that document to the letter. You cannot break those rules for any reason. You can (maybe) have a professional alter the SPD on a go forward basis that does what you want, but this is not DIY.

                The controlling law is the federal ERISA law, not the CLC.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X