Can an employee be treated differently thanother employees regarding their comp time?

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Can an employee be treated differently thanother employees regarding their comp time?

I am an exempt employee who gets comp time. This exempt/comp time status is listed on my job description. My boss does not allow me to capture any comp time worked but requires me to make up any time that I leave early for appointments, etc. Is this legal? Others in my office are not required to make up their time. I am an excellent employee with very good evaluations.

Asked on August 24, 2011 Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Employers are allowed to discriminate against employees, except as set forth below. That is, there is no law general law requiring an employer to treat different employees the same, and there doesn't even need to be a good reason for it--it can just be that the supervisor wants to treat you differently.

What an employer can't do is discriminate against someone--i.e. treat  them differently--because of some protected characteristic. So the employer can't discriminate among staff on the basis of race, sex, religion, disability, age over 40, etc. Doing that may give rise to an employment discrimination claim. But as long as differential treatment is not based on a protected category, it is, unfortunately, generally legal.


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