Can an employer offer wage benefits to non-umion employees while not extended the same benefits to union employees?

UPDATED: Sep 30, 2022

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Can an employer offer wage benefits to non-umion employees while not extended the same benefits to union employees?

Our company now offers night and weekend differential pay to non-union employees. The differential pay is completely new. The union employees are not offered the same benefit. Both

union and non union employees perform the same work. This feels like discrimination against the union.

Asked on April 12, 2016 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is not discrimination against the union, any more than it is discrimination against non-union employees if union members get higher pay or more benefits. Unon and non-union workers may be treated differently. Union workers get whatever is in their union or collective bargaining contract; non-union employees may be given less, different, or better pay and benefits than union employees and that does not effect the rights of union employees. More generally, employers do not have to treat all employees the same, and can pay different people different amounts, even for same work.

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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