Is it legal for your employee to stop paying benefit time to certain employees?

UPDATED: Sep 30, 2022

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Is it legal for your employee to stop paying benefit time to certain employees?

Boss has decided to pay 1 per hour to three of our 13 employees for their vacation, holiday and sick. These are higher level employees with combined time at the company of over 40 years. There are 13 employees, the rest, including additional high level employees still get their hourly rate. Our employee manual states we are compensated for benefit time. He seems to think $1.00 is equitable compensation and has docked our pay without any notice or forwarning.

Asked on May 12, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Don't confuse immoral with illegal: there are many immoral business or employment practices which are nonetheless legal. So long as the employer is not--
1) Violating a written employment contract; and/or 
2) Discriminating against a protected category (e.g. race, color, national origin, sex, disability, age over 40, religion)
--the employer if free to set compensation and benefits and free to change policies at any time; the employer is also free to treat some employees better than others, since as long as there is no illegal discrimination as per 2) above going on, employers *can* treat some empoyees better than others. Therefore, unless 1) or 2) is being implicated, your empoyer can do this.

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 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.

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