Can an employer require certifications for IT personnel and only offer certification pay to some employees?

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Can an employer require certifications for IT personnel and only offer certification pay to some employees?

Employees performing the exact same functions are not receiving cert pay simply because they are in a different department but work in the same building with the exact same job descriptions.

Asked on December 19, 2015 under Employment Labor Law, Kansas

Answers:

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

Answered 5 years ago | Contributor

Does this action violate company policy or the terms of an employment contract or union agreement? Does your treatment constitute some form of actionable discrimination (i.e. are you being treated differently  your age, disability, gender, race, religion or nationality)? If not, then your employer is breaking no law here. The fact is that not all employees need be treated the same or even fairly (absent discrimination). In an "at will" employment relationship, and most work arrangements are, an employor can set the terms and conditions of the workplace much as it sees fit or deems necessary. This includes paying different employees a higher rate of pay even if they all hold the same certifications.


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