Can an employer offer different benefits to 2 different employees at the same location?

UPDATED: Oct 1, 2022

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Can an employer offer different benefits to 2 different employees at the same location?

My employer offers one employee 80 hours of PTO time in lieu of insurance benefits because they opt out of our insurance plan. Another employee has a husband with better benefits and she has decided to opt out as well. However, the employer is not giving her the 80 hours that the other employee gets. Is this legal?

Asked on January 25, 2018 under Employment Labor Law, Montana


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

Answered 4 years ago | Contributor

Yes, an employer can offer different benefits to different employees so long as such treatment does not consitute some form of legally actionable discrimination. That means it cannot be based on their religion, race, nationality, gender age, disability. Also, such action may be pohibited under the terms of a union agreement or employment contract, otherwise it is legal. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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