If I’m a full-time employee, should I have received holiday and training pay if one of my co-workers has?

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If I’m a full-time employee, should I have received holiday and training pay if one of my co-workers has?

I recently was looking at another full-time employee’s paystub, with their permission, and noticed that they had received holiday pay and training pay. I have worked both holidays and have trained new employees. I even have a separate clock in for when I am training. Yet, when looking at my pay stub, I noticed that I have not received any holiday or training pay rates. I am yet to go to the HR department to ask why I have not received any holiday or training pay, but I would like to know if they legally have to pay me those increased pay rates. And if they do, do they legally have to give me retroactive pay for the recent training and holidays I have worked?

Asked on July 15, 2015 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An employer may legally treat and pay employees different (e.g. regarding training, holidays, benefits, etc.) so long as the difference is not due to illegal discrimination. The main forms of illegal discrimination are against an employee due to his or her age over 40, disability, religion, race, or sex. (Only forms of discrimination specifically made illegal are illegal; an employer may, for example "discriminate" against you because you are anti-NRA and they are pro.) If you feel that they are treating you different specifically because of one of these protected characteristics, you may have a legal claim (such as for the holiday and training pay you should have received) and should either contact the state equal/civil rights agency (or the federal EEOC) or speak with an employment law attorney about whether you have a case.


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