If an employer provides free parking to some non-executive employees, is he required to provide it for all non-executive employees?

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If an employer provides free parking to some non-executive employees, is he required to provide it for all non-executive employees?

Our company has an inadequate number of parking spaces for all of our employees, so the spaces are on a “first come, first serve” basis. This means that every day some people get free parking, and the rest must pay. It is a different set of people everyday (i.e. free parking is not provided for executives only). When an employee must pay to park, this expense is not reimbursed by the company. Any employees who regularly work odd hours and arrive later in the day almost always must pay to park, placing them especially at a greater disadvantage.

Asked on August 20, 2012 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, there are no laws requiring employers to provide any parking, requiring equal treatment vis-a-vis parking between executives and non-executives, or preventing the employer from providing additional compensation and perks--like free parking--to executives. What you describe is completely legal, unfortunately.


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