What to do if one employee is required to be on-call on Sundays but another employee with the same job title is not required to be on-call?

To sum up, I am forced to work 6 days a week (no extra pay the other employee is only required to work 5 days. Is that legal?

Asked on June 4, 2012 under Employment Labor Law, Maryland


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

Answered 8 years ago | Contributor

I'm afraid that based on the facts that you have presented, it appears that this case does not constitue a violation of the law. As a general rule, employees do not have to be treated equally or even fairly. It is perfectly permissible to give one employee more favorable treatment than another, so long as such treatment does not violate a company policy, an employment contract, or a union agreement. Further, such differing treatment must not be the result of actionable  discrimination. So, if you were given less favorable treatment due to your status in a legally protected class, that would be against the law.

Note: A "protected class" is one based on a person's inclusion in a group due to factors of race, religion, gender, age, disability, sexual orientation, national origin, etc.

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