Can a company’s pay policy vary from state-to-state?

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Can a company’s pay policy vary from state-to-state?

There are many shady things that are going on. It was rumored that an employee was getting night differential pay while all others were not. When a call was made to HR, we were told that the company does pay night differential. When it was brought to the attention of the store manager he replied, “They gave you the wrong info they only do that in California not New York”.

Asked on September 28, 2015 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, a company can vary is pay policy from state to state, or even from employee to employee if it so chooses. The fact is that not all employees need be treated the same or even fairly. Absent actionable employment discrinination/retaliation or the breach of an employment contract, union agreement or company policy, an employer may set the terms and conditions of employment much as it sees fit.


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