Can you employers give some hourly employees a cost of living increase but not others?

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Can you employers give some hourly employees a cost of living increase but not others?

A cost of living raise was given to some hourly empolyees and some it was not given to. The excuse was the employees was top out in there current position. Meaning they will not ever get another raise in that position becasue they have topped out becasue they have been in the position for a number of years. These employees have yealry evaluations that are above standards, however they have topped out in their position so they can not receive a wage increase. However, they should receieve a cost of living raise due to inflation I think.

Asked on July 17, 2019 under Employment Labor Law, Arkansas

Answers:

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

Answered 1 year ago | Contributor

Unless this action violates the terms of an employment contract or union agreement it is legal. The fact is that no all employees need be treated the same or even fairly. The execption being that some form of legally actionable discrimination cannot be the reason for the differing treatment. In other words, it cannot be based on race, religion, gender, age (40 or over), natinality or disability. Otherwide, it is pefectly permissable under the law.

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

Answered 1 year ago | Contributor

Unless this action violates the terms of an employment contract or union agreement it is legal. The fact is that no all employees need be treated the same or even fairly. The execption being that some form of legally actionable discrimination cannot be the reason for the differing treatment. In other words, it cannot be based on race, religion, gender, age (40 or over), natinality or disability. Otherwide, it is pefectly permissable under the law.


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