Can an employee be treated differently thanother employees regarding their comp time?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employee be treated differently thanother employees regarding their comp time?

I am an exempt employee who gets comp time. This exempt/comp time status is listed on my job description. My boss does not allow me to capture any comp time worked but requires me to make up any time that I leave early for appointments, etc. Is this legal? Others in my office are not required to make up their time. I am an excellent employee with very good evaluations.

Asked on August 24, 2011 Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Employers are allowed to discriminate against employees, except as set forth below. That is, there is no law general law requiring an employer to treat different employees the same, and there doesn't even need to be a good reason for it--it can just be that the supervisor wants to treat you differently.

What an employer can't do is discriminate against someone--i.e. treat  them differently--because of some protected characteristic. So the employer can't discriminate among staff on the basis of race, sex, religion, disability, age over 40, etc. Doing that may give rise to an employment discrimination claim. But as long as differential treatment is not based on a protected category, it is, unfortunately, generally legal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption