Are employers required to offer same benefits to all employees?

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Are employers required to offer same benefits to all employees?

My job is locacated in OH but the corporate office is in NJ. Is my employer required to offer 401k’s to all employees when they become eligible or can they only offer it to select employees like office workers and salaried employees?

Asked on July 30, 2018 under Employment Labor Law, Ohio

Answers:

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

Answered 2 years ago | Contributor

The fact is that not all workers need be treated the same or even fairly. That is absent some form of legally actionable discrimination(i.e. that based on race, religion, nationality, age (over 40), disability, gender, etc.). Accordingly, you appear to have no claim here. The fact is that unless this policy violates the terms of an employment contract or union agreement, your company can set the conditions of work much as it sees fit.


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