Can my employer offer vacation time to some but not all employees?

My employer offers paid vacation time to full employees on a salary structure but does not give any vacation time paid or unpaid to full-time employees on hourly wage. I understand that the employer has no obligation to have paid vacation time but is it legal to offer it only to salary employees and exclude hourly employees?

Asked on January 10, 2018 under Employment Labor Law, Illinois

Answers:

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

Answered 3 years ago | Contributor

The fact is that not all employees need be treated the same or even fairly. Absent some form of legally actionable discrimination, a company can set the conditions of the workplace much as it sees fit. Accordingly, unless this treatment violates the terms of a union agreement or employment contract, it is legal. 


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