Can a company require different quotas for employees hired for the same work and are salaried not wage or per hour employees?

UPDATED: Oct 1, 2022

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Can a company require different quotas for employees hired for the same work and are salaried not wage or per hour employees?

I work for a company that provides service to a federal government contract. Our contract is for 12 transactions per hour. Our supervisor is demanding a different number of transactions from every employee. For example, I am required to meet or exceed 35 per hour while my co-worker is only expected to do 12. We are all salary employees and hired for the exact same job, title, responsibility, etc. In addition we have a second office/site and they do not have a set minimum only the $12/hour per the contract.

Asked on September 18, 2018 under Employment Labor Law, California


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

Answered 4 years ago | Contributor

I'm not clear about the contract. If it is a contract between your employer an the client, then it has nothing to do with you. If it is your contract with your empoyer, then you cannot be asked to do more than 12 transactions per hour. If you are so asked, then your employer is in breach and you can sue them. Otherwise, you are an "at will" worker which means that your employer can set the conditions of employment much as it sees fit. This includes having different workers produce at different rates. The fact is that not all employees need be treated the same or even fairly, absent some form of leglly actionable discrimination. In other words, you cannnot receive differing treatment based on your race, religion, disabiltiy, gender, nationality age (over 40), etc. Bottom line, unless some form of discrimination applies, you can be asked to make 35 transactions an hour even if your co-workers are not. This holds true whether or not you are a hourly or salaried worker.

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